Berkeley City Council
February 27, 2024

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

Live Entertainment with a ZC and permit amplified Live Entertainment with an AUP, as summarized in Table 6.

TABLE 6: LIVE ENTERTAINMENT – PROPOSED AMENDMENTS
Permit Required for Live
Entertainment
Zones
Unamplified Amplified

C-C, C-U, C-SA, C-T, C-SO, C-DMU, C-

AC, C-N, C-NS, C-W, C-E, MU-LI, MU-R
ZC AUP
R-SMU Not Permitted
ZC
Not Permitted
AUP

C-N, C-NS, C-W ZC UP(PH)
C-E ZC Not Permitted

MU-LI, MU-R UP(PH) UP(PH)

10. Alcohol and Seated Food Service Requirements.

Remove the requirement for seated food service to accompany distilled alcoholic beverage service in the C-T, C-NS, and C-SO zoning districts. Currently, only the C- T, C-NS, C-SO and the R-BMU (BART Mixed Use) zoning districts require seated food service with distilled alcoholic beverage service. Under this requirement, business operators must include food service in order to sell and serve distilled alcohol. The C-C, C-U, C-N, C-E, C-SA, C-DMU, C-W and C-AC zoning districts do not have this requirement.

The proposed changes would remove this requirement in the C-T, C-SO, and C-NS districts and regulate the use consistently throughout commercial districts citywide.

No change is proposed for the R-BMU district, which would continue to retain this requirement.

11. Food Service Establishments
Allow Food Service Establishments 3,000 square feet or less with a ZC and permit food service establishments greater than 3,000 square feet with an AUP in all commercial zoning districts and in the R-SMU and R-BMU zoning districts. Several zoning districts vary permit requirements for Food Service Establishments based on floor area or square footage. In some cases, this is a legacy requirement from having a number of different types of food service (i.e., quick service vs. full service) permitted by size (square feet) in the BMC.

In 2019, due to the evolving nature of food service and the availability of food delivery, three food-related use categories (Carry Out Food Store, Quick Service

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

Restaurant, and Full-Service Restaurant) were condensed into one use, Food Service Establishment. Combining these three previous uses into one removed the size distinctions that were the basis of varying permit requirements.

The proposed zoning amendments related to Food Service Establishment size include allowing Food Service Establishments under 3,000 square feet with a ZC, and permitting those of 3,000 square feet or more with an AUP, in all commercial districts and the R-SMU and in the R-BMU if no alcohol service is provided. The proposed revisions would also remove the requirement that a Notice of Decision (NOD) be posted within 300 feet of a subject property for any Food Service Establishment that receives an AUP in the C-N, C-E, C-NS, C-SA, C-T and C-SO districts.

In addition, the proposed changes include allowing Food Service Establishments in the Arts District Overlay with a ZC, consistent with other commercial zoning districts and its underlying zoning district (C-DMU), and would remove unique findings for food service in the Elmwood (C-E) district related to incidental use and limits on food establishment uses (see 12, below).

Remove the restriction on renting a Food Service Establishment space to a third party. Currently, BMC Section 23.310.030(C)(3) does not allow a restaurant space that includes incidental beer and wine service to be rented to a third party. In order to provide more flexibility and sustainability to food service operations, the proposed zoning amendments would remove the restriction on renting restaurant space to a third party.

12. Elmwood Food Service Establishment Quota.

Remove the quota for Food Service Establishments in the C-E zoning district.

Currently the C-E (Elmwood) zoning district is the only remaining zoning district that restricts the total number of Food Service Establishments.6 All other quotas throughout the City were eliminated in 2016, after an evaluation of the quota program citywide.7 Future changes to the quota system in the Elmwood were to be brought to Council after further consultation with the Elmwood Business Association.8 The proposed amendment would remove the quota on the number of Food Service Establishments in the C-E. OED staff presented this proposal to the Elmwood Business Association on April 21, 2023 and the Elmwood Business 6 Berkeleyside, https://www.berkeleyside.org/2012/01/17/elmwood-business-quotas-may-change-to-help- startups, January 17, 2012.
7 Berkeley City Council, Removing Numeric Limitations (“Quotas”) in the North Shattuck (C-NS), Telegraph Avenue (C-T), and Solano Avenue (C-SO) Commercial Districts; Amending Berkeley Municipal Code Title 23, March 29, 2016.
8 Ibid, page 3 of 76.

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

Association Board voted to support the recommendation to remove quotas in the C- E District.

13. Incidental Food Service Establishment Requirements in Manufacturing Districts.

Remove the requirement that incidental Food Service Establishments in buildings under 20,000 square feet in manufacturing zoning districts be indoors only.

Currently, Incidental Food Service Establishments—i.e., Food Service Establishment uses that are co-located with a primarily permitted use—are permitted in select manufacturing (or “M-prefixed”) zoning districts with an AUP or a UP based on square footage. The proposed zoning amendments would allow for outdoor food service in all manufacturing districts, and off-site food or beverage consumption (I.e. “to-go”) in the MM District.

The AUP permit requirement for indoor food service in the MU-R and the MU-LI zoning districts would still apply for spaces under 5,000 square feet.

14. Drug Paraphernalia in the C-T Zoning District.

Allow drug paraphernalia stores and the sale of drug paraphernalia in the C-T zoning district. Currently, the C-T Allowed Uses section of BMC 23.204.110(B)(3) explicitly prohibits drug paraphernalia stores or the sale of drug paraphernalia in the C-T zoning district. No other zoning district includes this prohibition in the corresponding Allowed Uses section.

Currently, there are three existing legal Cannabis Retailers established in the C-T zoning district that offer cannabis paraphernalia. The existing regulation is also challenging to enforce since the statewide legalization of cannabis. The proposed change would remove this restriction in the C-T zoning district and would regulate this category of merchandise the same way as other commercial zoning districts, i.e., as general retail or as part of a Smoke Shop.

Existing Permitted Land Uses & Proposed Zoning Ordinance Amendments As a result of some of the above proposed zoning amendments, there may be existing uses that, either as a result of previous zoning regulations or specific conditions of approval, would now find themselves subject to more restrictive regulations than new uses in the same zoning district established after the adoption of the proposed zoning amendments. For example, currently in the C-U zoning district, commercial hours of operation end at midnight. Accordingly, an existing business’s approval was premised on ending business at midnight. Under the proposed zoning amendments, however, commercial hours of operation in the C-U zoning district would end at 2:00 a.m. A new business would therefore be allowed to operate two hours longer than an existing business. Currently, adjusting the existing business’ commercial hours of operation would require a permit modification (BMC 23.404.070), which requires a public hearing.

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

To remedy this scenario and others like it, the revised ordinance includes new language in three sections to modify the process for modifying an existing land use approval to be consistent with the new regulations included in the proposed ordinance. In each case, an AUP is required to modify an approval, which includes public notice and an option to appeal an initial decision, as well as providing the City an opportunity to include conditions of approval, if necessary.

Authorization to modify existing approvals with an AUP is found in the proposed ordinance’s revised language for Hours of Operation (BMC 23.302.020(B); Section 14 of Attachment 1); General Requirements for Alcohol Beverage Sale and Service (BMC

23.301.020(B); Section 18 of Attachment 1); and regulations regarding Alcoholic Beverage Service When Incidental to Food Service (BMC 23.302.030(A); Section 19 of Attachment 1).

Miscellaneous Technical Edits
The proposed zoning amendments also include the following technical amendments and corrections unrelated to the amendments to support small businesses:
 C-SA Text Amendments: With the adoption of the Adeline Corridor Specific Plan, a number of parcels that were previously included in the C-SA zoning district were rezoned to C-AC. Section 23.204.100 (C-SA zoning district) still includes provisions related to acholic beverage sales and service that pertain only to those formerly C-SA parcels (see Section 6 in Attachments 1 and 3). The proposed zoning amendments include the removal of those provisions from the C-SA zoning district regulations.

C-SA Height Provisions: The C-SA zoning district includes two different building height standards, which are applied to parcels based on their location. Currently, there are parcels that are zoned C-SA that do not have a building height standard assigned to them. The proposed zoning amendments include revisions to the C-SA Maximum Building Heights Table and accompanying map to provide a building height standard for all C-SA zoned parcels (see Section 7 in Attachments 1 and 3).
 Use Category Titles: Section 12 of the proposed ordinance includes the correct use category titles for Retail Uses, Person and Housing Services Uses and Food and Alcohol Service, Lodging, Entertainment and Assembly Uses.  Family Day Care: SB 234 (2019) requires cities to consider all family day care homes for up to 14 children, operating under the standards defined by state law, a residential use and prohibits the local requirement of a business license. Earlier this year, the City Council adopted amendments to the Residential Allowed Use Table to reflect these requirements, but the requirement for a ZC still remains in the allowed use tables for commercial and manufacturing districts. The proposed

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

ordinance includes removal of Family Day Care permit requirements from the commercial and manufacturing use tables, consistent with State requirements.  Restaurant Uses: As a result of previous amendments, there are no longer any regulations that pertain to Carry Out Food Stores, Quick Service Restaurants and Full-Service Restaurants. To eliminate confusion, the proposed zoning amendments include removal of the definitions for these restaurant types from the Glossary and a reference in another section.
 Formatting Changes: The proposed ordinance simplifies and improves usability of the Zoning Ordinance by consolidating information into fewer sections and tables.

BACKGROUND
The Zoning Ordinance has evolved over many decades to reflect Berkeley's changing values and the dynamic landscape of property development and land use. Its requirements are intended to guide the City's growth while providing opportunities for feedback from residents, business owners, and commercial district and neighborhood associations.

As noted in the June 7, 2023 Planning Commission report, OED staff consulted with external stakeholders including business services personnel, small business proprietors and operators, and business district networks, as well as City staff including the Community Services Bureau of the Berkeley Police Department, Code Enforcement, and Environmental Health. This collaborative effort also enabled the identification of enhancements in internal city processes and implementation efforts that align with the Council referrals from 2018 and 2019. Some work has already taken place in response to those referrals, including the creation a Coordinated Sign Design program by Council in November 2022.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Small businesses contribute to sustainable transportation and consumer behavior by providing opportunities to shop in commercial districts that are accessible by foot, bicycle and transit. The continued pursuit of environmental sustainability goals, as well as the programs and policies that encourage that pursuit, represents an economic strength for Berkeley and a competitive advantage of the City and the region.

The proposed ordinance includes revisions to permit and other requirements for specified land uses. It does not include allowing any uses currently not permitted that would be anticipated to have a significant effect on the environment and does not qualify as a “project” under the California Environmental Quality Act (CEQA) and further environmental review is not required.

Zoning Amendments for Berkeley Business PUBLIC HEARING
February 27, 2024

RATIONALE FOR RECOMMENDATION
The goal of these Zoning Ordinance amendments is to simplify and streamline the permitting experience for small businesses, which can in turn enhance the quality of commercial district offerings, help fill vacant storefronts, and generate more local and sustainable economic opportunities. Berkeley’s commercial districts, and the small businesses that comprise them, are vital to the City’s fiscal, social and civic wellbeing.

ALTERNATIVE ACTIONS CONSIDERED
The June 7, 2023 Planning Commission report included a set of recommendations and alternative suggestions for a number of the proposed policy changes, including different permit requirements, differently-worded definitions and alternative approaches to formatting and organization. Ultimately through the work of the subcommittee and wider discussion(s) with the Planning Commission, some of these suggestions were abandoned and others were workshopped into the recommendations presented in this report, to address the goals of City Council’s referrals.

CONTACT PERSON
Justin Horner, Planning and Development Department, 510-981-7476 Kieron Slaughter, Office of Economic Development, 510-981-2490 Attachments:
1: Ordinance.
2: Planning Commission Staff Report, October 14, 2023.
3: Annotated Ordinance.
4: City Council referral to support small business, Oct. 15, 2019. 5: Public Hearing Notice

1 ORDINANCE NO. -N.S.

AMENDMENTS TO THE RESIDENTIAL DISTRICT CHAPTER (BMC 23.202), COMMERCIAL DISTRICT CHAPTER (BMC 23.204), MANUFACTURING DISTRICT CHAPTER (BMC 23.206), SUPPLEMENTAL USE REGULATIONS CHAPTER (BMC

23.302), ALCOHOLIC BEVERAGE SALES AND SERVICE CHAPTER (BMC 23.310), NONCONFORMING USES, STRUCTURES AND BUILDINGS CHAPTER (BMC 23.324) AND THE GLOSSARY CHAPTER (BMC 23.502) TO SUPPORT BERKELEY

BUSINESSES
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the lines named “Alcoholic Beverage Service,” “Food Service Establishment” “Group Class Instruction,” and “Gym/Health Club” in Table 23.202-1 Allowed Land Uses in Residential Districts, within Berkeley Municipal Code 23.202.020 are amended, and lines named “Food Service Establishment, Under 3,000 sq. ft.,” “Food Service Establishment, 3,000 sq. ft. or larger,” and a new Incidental Use use category with “Live Entertainment, Unamplified” and “Live Entertainment, Amplified” are added, to read:

Table 23.202‑1: Allowed Land Uses in Residential Districts

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations
Apply
**--Required permits for
specific uses are set forth in
the R-BMU Master
Development Permit
(MDP).See 23.202.150.A
and 23.202.150.D
R-1 R-
1A
ES-
R R-2 R-
2A R-3 R-4 R-5 R-S R-
SMU
R-
BM
U**

USE-SPECIFIC

REGULATIONS

APPLIES TO USES

WITH AN ASTERISK

FOLLOWING THE
PERMIT
REQUIREMENT (E.G.,
ZC*)
Alcoholic Beverage
Service NP NP NP NP NP NP NP NP NP
UP(P
H)*
ZC*
UP(P
H)*

23.310—Alcoholic
Beverage Sales and
Service
Food Service
Establishment NP NP NP NP NP NP NP NP NP UP(P
H)*
UP(P
H)*

23.302.070.E– Use-
Specific Regulations
Food Service
Establishment, Under
3,000 sq. ft.

NP NP NP NP NP NP NP NP NP ZC* ZC* 23.302.070(E) – Use- Specific Regulations
Food Service
Establishment, 3,000 sq.
ft. or larger
NP NP NP NP NP NP NP NP NP AUP* AUP* 23.302.070(E) – Use- Specific Regulations
Group Class Instruction NP NP NP NP NP NP NP NP NP NP UP(P H)*

23.202.150.(C)
R-BMU Residential
BART Mixed Use
District
Gym/Health and Fitness
FacilityClub NP NP NP NP NP NP NP NP NP NP UP(P
H)*

23.202.150.(C)
R-BMU Residential
BART Mixed Use
District
Incidental Uses

2 Live Entertainment,
Unamplified NP NP NP NP NP NP NP NP NP ZC NP
Live Entertainment,
Amplified NP NP NP NP NP NP NP NP NP AUP NP
Section 2. That Berkeley Municipal Code 23.202.150(C)(2) is amended to read:

2. Group Class Instruction and Gym/Health Cluband Fitness Facility. Group class instruction and gym/health club and fitness facility uses are permitted at the Ashby BART station with a Zoning Certificate. Group class instruction and gym/health club and fitness facility uses are permitted at the North Berkeley BART station with a Use Permit.

Section 3. That the lines named “Family Day Care Home, Large,” “Family Day Care Home, Small,” “Alcoholic Beverage Retail Sale,” “Pet Store,” “Retail General,” “Personal and Household Services, General, “Laundromats and Cleaners,” “Video Tape/Disk Rental,” “Business Support Services,” “Bank and Financial Services, Retail,” “Insurance Agents, Title Companies, Real Estate Agents, Travel Agents,” “Medical Practitioners,” “Non-Chartered Financial Institutions,” “Office, Business and Professional,” “Bar/Cocktail Lounge/Tavern,” “Dance/Exercise/Martial Arts/Music Studio,“ Food Service Establishment,” “Gym/Health Club,” “Alternative Fuel Station,” “Large Vehicle Sales and Rental,” “Small Vehicle Sales and Rental,” “Vehicle Parts Store,” “Vehicle Rentals,” “Vehicle Repair and Service,” “Vehicle Sales, New,” “Vehicle Sales, Used,” “Cannabis Testing,” “Light Manufacturing,” “Wholesale Trade,” “Food and Beverage for Immediate Consumption,” “Food Service Establishment,” “Live Entertainment,” “Retail Sale of Goods Manufactured On-Site,” “Art/Craft Studio,” “Public Market, Enclosed” and the Notes in Table 23.204-1 Allowed Uses in the Commercial Districts, within Berkeley Municipal Code 23.204.020, are amended, and lines named “Group Instruction, 3,000 sq. ft. or larger,“ Food Service Establishment, Under 3,000 sq. ft.” “Food Service Establishment, 3,000 sq. ft. or larger” “Health and Fitness Facility, Under 7,500 sq. ft,” “Health and Fitness Facility, 7,500 sq. ft.” “Live Entertainment, Unamplified,” and “Live Entertainment, Amplified,” are added, to read:

Table 23.204-1 Allowed Uses in the Commercial Districts

COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-

SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
Family Day Care Home,
Large ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Family Day Care, Small ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC

3 COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-

SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
Alcoholic Beverage Retail
Sale
UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)* NP UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)*

23.204.060.B.2

23.310
Pet Store
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
ZC
[3]
AUP
UP(
PH)
Retail, General
ZC
[1]
ZC
[1]
ZC*
[2]
ZC*
[2]
ZC*
[2]
ZC*
[1]
ZC* ZC*
[2]
ZC ZC*
[3]
ZC* 23.204.040.(C) E
(for department
stores)

23.204.040(D).F
(for drug stores)
Personal and Household
Services, General
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1]
ZC ZC
[2]
ZC ZC
[5]
ZC
Laundromats and Cleaners AUP AUP UP(
PH)
UP(
PH)
UP(

PH) AUP AUP UP(
PH)
UP(
PH)
AUP
[4] AUP
Video Tape/Disk Rental ZC
[1]
ZC
[1]
ZC
[2] AUP ZC
[2] -- ZC ZC
[2] ZC ZC
[5] NP
Business Support Services ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1] ZC* ZC
[2] ZC ZC
[5]
ZC
[6]

23.204.110.(B).6
(4)
Bank and Financial Services,
Retail AUP AUP UP(
PH)
UP(
PH)
UP(
PH)
ZC
[1]
AUP
*
UP(
PH) ZC* AUP ZC

23.204.110.(B.)(
64);

23.204.130.(B).(
6);

23.204.130.(D.)(
3)
Insurance Agents, Title
Companies, Real Estate
Agents, Travel Agents
ZC
[1]
ZC
[1]
ZC*
[2]
ZC*
[2]
ZC*
[2]
ZC
[1] ZC* ZC*
[2] ZC* ZC
[5]
ZC
[6]

23.204.040.D(B);

23.204.110.(B).6
(4);

23.204.130.(D).(
3)
Medical Practitioners ZC
[1]
ZC
[1] AUP NP UP(
PH)
ZC
[1]
AUP
*
UP(
PH) ZC* ZC
[5]
ZC
[6]

23.204.040.D(B);

23.204.110.(B).6
(4);

23.204.130.D.3
Non-Chartered Financial
Institutions
UP(
PH)*
UP(
PH)* NP NP NP UP(
PH)*
UP(
PH)* NP NP UP(
PH)*
UP(
PH)

23.302.070.F

23.204.110.(B).6
(4)
Office, Business and
Professional
ZC
[1]
ZC
[1]

AUP
*

AUP
*

AUP
ZC*
ZC
[1]

AUP
ZC*

AUP
*
ZC* ZC
[5]
ZC
[6]

23.204.040.(B);

23.204.110.(B).6
4;

23.204.130.(D)(.
3)
Bar/Cocktail
Lounge/Tavern/Tap
Room/Wine Tasting
UP(
PH)
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*
--
AUP
*
NP
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*
NP
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*

23.204.100.B.3

23.204.110.B.2;

23.310
Dance/Exercise/Martial
Arts/Music Studio
ZC
[1]
ZC
[1]
ZC
[2]

AUP

AUP
[4]
ZC
[1] ZC

AUP ZC ZC
[7] ZC
Food Service Establishment,
under 3,000 sq. ft. ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.302.070(.E) Food Service Establishment, AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP 23.302.070(.E)

4 COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-

SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
3,000 sq. ft. or larger * * * * * * * * * * *
Group Class Instruction,
Under 3,000 sq. ft.

ZC
[1]
ZC
[1]
AUP
ZC
AUP
ZC
AUP
ZC
ZC
[1]
ZC AUP
ZC
ZC ZC ZC 23.204.040.B
Group Instruction,
3,000 sq. ft. or larger ZC ZC AUP AUP ZC ZC ZC AUP ZC ZC ZC Health and Fitness Facility,
Under 7,500 sq. ft ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Health and Fitness Facility,
7,500 sq. ft. or larger ZC ZC AUP AUP ZC ZC ZC AUP ZC ZC ZC Gym/Health Club See 23.204.040.C
Alternative Fuel Station UP(
PH)
UP(
PH)
UP(

PH) NP UP(
PH)
UP(
PH) NP* UP(

PH) NP AUP
*
UP(
PH)

23.204.110.(B).4
(2)

23.204.140.(B).(
3)
Large Vehicle Sales and
Rental AUP NP NP NP NP NP NP NP NP
AUP
*
[81]
NP 23.204.140.(B).(
3)
Small Vehicle Sales and
Service AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
UP(
PH)* NP

23.204.100.(B).5
(3);

23.204.140.(B).(
3)
Vehicle Parts Store ZC
[1] NP ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1] ZC ZC
[2] NP
AUP
*
[81]
ZC
Vehicle Rentals AUP NP NP NP NP NP NP NP UP(
PH)
AUP
*
[81]
NP 23.204.140.(B).(
3)
Vehicle Repair and Service AUP NP NP NP NP NP NP NP NP
AUP
*
[81]
NP
Vehicle Sales, New AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
AUP
*
[81]
NP 23.204.140.(B).(
3)
Vehicle Sales, Used AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
UP(
PH)* NP

23.204.100.(B).5
(3);

23.204.140.(B).(
3);

23.204.140.(D).(
4)
Cannabis Testing AUP AUP NP NP NP NP NP NP AUP AUP
[81] NP
Light Manufacturing – – – – – – – – AUP
[81] --
Wholesale Trade – – – – -- – – – – AUP
[81] --
Incidental Uses
Food and Beverage for
Immediate Consumption ZC ZC

AUP
ZC

UP(
PH)
ZC
UP(
PH)
ZC
ZC

AUP
ZC
UP(
PH)
ZC

ZC ZC ZC

5 COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-

SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
Food Service Establishment See 23.302.070.E
Food Service Establishment,
Under 3,000 sq. ft. ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.310.030 Food Service Establishment,
3,000 sq. ft. or larger
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
* 23.310.030
Live Entertainment,
Unamplified ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Live Entertainment,
Amplified AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP
Live Entertainment See 23.302.070.E
Retail Sale of Goods
Manufactured On-Site
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1] ZC ZC
[2] ZC

AUP
ZC
ZC
Art/Craft Studio AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
ZC
[6]
Public Market, Enclosed AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP [92] AUP
Notes:
[1] Change of use of floor area over 3,000 square feet requires an AUP. [2] Change of use of floor area over 2,000 square feet requires an AUP. [3] Requires an AUP for uses 3,500 sq. ft. to 7,500 square feet. Requires a Use Permit for uses more than 7,500 sq. ft. [4] Requires a Use Permit if 5,000 sq. ft. or more.
[5] Requires an AUP for uses 3,000 sq. ft. to 5,000 square feet. Requires a Use Permit for uses more than 5,000 sq. ft. [6] Requires an AUP for uses 2,500 sq. ft. or greater or 50 ft. wide or greater on Shattuck, between Ward and Russell; Adeline between Russell and the City boundary; on Ashby, east of Adeline; or on the north side of Ashby, west of Adeline. [7] Requires a Use Permit if 7,500 square feet or more. [8][1] Require a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area. [9][2]Requires a Use Permit if more than 10,000 sq. ft.

Section 4. That Berkeley Municipal Code 23.204.040(B) through (F) be amended, to read:

B. Group Class Instruction.

1. C-NS and C-DMU Districts. When group class instruction in the C-NS or C- DMU districts are located on the ground floor adjacent to a street frontage, storefront windows must include a window display or to be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

6 2. C-NS District. Group class instruction uses in the C-NS may not exceed 2,500 square feet.

3. C-T District. Group class instruction uses in the C-T district are not permitted on the ground floor.

C. Gyms and Health Clubs

1. Permits Required. Table 23.204-5: Gym and Health Club Permit Requirements shows permits required for gyms and health clubs in the Commercial Districts.

Table 23.204-5: Gym/Health Club/Fitness Studio Permit Requirements DISTRICT/USE SIZE PERMIT REQUIRED [1]

C-C, C-U, C-DMU
Under 7,500 sq. ft ZC
7,500 sq. ft. and greater AUP

C-N, C-E, C-NS, C-SO AUP

C-SA, C-T, C-AC ZC
C-W
Under 7,500 sq. ft ZC
7,500 sq. ft. and greater UP(PH)
Note:
[1] Change of use permit requirements as described in Section 23.204.030.A – Additional Permit Requirements (Change of Use) also apply. In the C-C, C-U, and C-SA districts, a change of use of gross floor area over 3,000 square feet requires an AUP. In the C-N, C-E, C-NS, and C-SO districts, a change of use of gross floor area over 2,000 square feet requires an AUP.

2. C-DMU District. When located on the ground floor adjacent to a street frontage, storefront windows for a gym and health club in the C-DMU district must include a window display or to be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

DB. Transparency Requirement for Office Uses . When office uses shown in Table

23.204-6: Office Uses Subject to Transparency Requirement are located on the ground floor adjacent to a street frontage, storefront windows shall either:

1. Include a storefront window display; or

7 2. Be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

Table 23.204-6: Office Uses Subject to Transparency Requirement

OFFICE USE DISTRICT
Insurance Agents, Title Companies, Real
Estate Agents, Travel Agents CN, C-E, C-NS, CT, C-SO, C-DMU Medical Practitioners C-T
Office, Business and Professional CN, C-E, C-NS, C-T, C-SO, C-DMU EC. Department Stores. Table 23.204-7: Department Store Permit Requirements shows permits required for department stores in the Commercial Districts.

Table 23.204-7: Department Store Permit Requirements
DISTRICT/USE SIZE PERMIT REQUIRED [1]

C-SA, C-T
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. AUP

C-E, C-NS, C-SO
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. Not Permitted
C-N
3,000 sq. ft. or less AUP
Over 3,000 sq. ft. Not Permitted

C-C, C-U ZC
C-AC
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. UP(PH)AUP
Note:
[1] Change of use permit requirements as described in Section 23.204.030.A Additional Permit Requirements (Change of Use) also apply. In the C-C, C-U, and C-SA districts, a change of use of gross floor area over 3,000 square feet requires an AUP. In the C-N, C-E, C-NS, and C-SO districts, a change of use of gross floor area over 2,000 square feet requires an AUP.

FD. Drugstores. The following requirements apply to drugstores in the C-N, CE, C-NS, and C-SO districts.

8 1. Where Prohibited. A new or expanded drugstore is not permitted if it is:
a. Over 5,000 square feet in gross floor area; and
b. Within 1,000 feet of any property containing an existing drugstore.

2. Measurement of Distance. Distances between drugstores are measured by a straight line from the nearest point of the property line of the parcel on which the drugstore is proposed to the nearest point of the lot line of the lot on which the nearest drugstore is located.

Section 5. That Berkeley Municipal Code 23.204.080(B)(2) be amended to read:

2. Numerical and Size Limitations.
a. Table 23.20420 shows land uses subject to numerical and size limitations in the C-E district.

TABLE 23.204-20: C-E LAND USE NUMBER AND SIZE LIMITATIONS

USE NUMBER LIMIT MAXIMUM
SIZE
PERMIT

REQUIRED
Art/Craft Shops, Gift/Novelty Shops,
Jewelry/Watch Shops No limit 1,500 sq. ft. ZC
Bookstores, Periodical Stands No limit 2,000 sq. ft. ZC Food Service Establishments [1] 25 total No max. AUP
Photocopy Stores, Printing, Fax,
Magnetic Disk Reproduction Services No limit 1,000 sq. ft. ZC Notes:
[1] Excludes food service uses accessory to a food product store. Secondary food service uses associated with all other principal uses are subject to limitations in Table 23.204-20.

Change of use of over 3,000 square feet requires Use Permit b. The ZAB may allow a use to exceed the limitations in Table 23.20420 with a Use Permit upon finding that:
i. The use will result in the positive enhancement of the purposes of the district; and
ii. The use is likely to experience substantial patronage by surrounding residents as indicated by neighborhood resident support, merchant support, marketing surveys, or other information.

Section 6. That Berkeley Municipal Code 23.204.100(B) be amended to read:

9 1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts

2. Alcoholic Beverage Retail Sales. The sale and service of distilled alcoholic beverages (hard liquor) is not permitted along Adeline Street, south of Ashby Avenue, except that such service is allowed when incidental to meals at full-service restaurants in accordance with Section 23.310—Alcoholic Beverage Sales and Service.

3. Bar/Cocktail Lounge/Tavern. Service of distilled alcoholic beverages is allowed along Adeline Street south of Ashby Avenue only when incidental to seated food service.
42 Mixed-Use Permits Required.
a. Zoning Certificate. A mixed-use project is allowed with a Zoning Certificate if the project:
i. Complies with all applicable standards in Table 23.20427, Table

23.20428, and Table 23.20429;
ii. Includes only residential uses above the ground floor; and iii. Is less than 5,000 square feet in gross floor area, including any existing floor area incorporated into the project.
b. Use Permit. If a mixed-use project does not meet the criteria for approval with a Zoning Certificate as provided above, the project requires a Use Permit and is subject to the findings in Section 23.204.100.(E)– C-SA South Area Commercial District (Permit Findings).

53. Vehicle Sales.
a. Applicability.
i. In the C-SA district, small vehicle service is not permitted. Small vehicle sales that are exclusively indoor operations are permitted with a Zoning Certificate. Otherwise, a Use Permit is required.
ii. All new or relocated vehicle sales in the C-SA district shall be exclusively indoor operations with no outdoor activities and shall comply with the requirements of this subsection.
iii. Expansions or modifications of existing vehicle sales are:

1. Encouraged to comply with standards in Paragraph c (Standards) below where feasible; and

2. Shall not increase or exacerbate a non-conformity with these standards. b. Standards.

10 i. Street Frontage. Outdoor vehicle display is permitted only along Shattuck Avenue and Adeline Street and is limited to 30 percent of the lot frontage on those streets.
ii. Area for Outdoor Uses. A maximum of 40 percent of the lot area may be used for outdoor uses, including but not limited to vehicle display and storage. Adequate landscaping and/or fencing shall be used to filter the view of outdoor uses from the adjacent right-of-way and abutting properties, with the exception of outdoor vehicle display;
iii. Service Entries. Vehicle and repair service entries may not exceed 20 percent of the primary lot frontage, no entrance may exceed a width of 20 feet. The primary street frontage is the frontage towards which the primary building entrance is oriented.
iv. Transparency. At least 60 percent of any new building shall be within 10 feet of the right-of-way along the primary street frontage and 60 percent of the street-facing facade shall be comprised of clear glass. v. Repair Activities. All vehicle repair activities shall be conducted indoors. vi. Noise. All noise-generating equipment and activities, such as vehicle repair, shall be shielded by noise-attenuating materials. Outdoor amplification is not permitted.
vii. Lighting. Exterior light standards and fixtures shall not be taller than 20 feet, shall achieve uniform light coverage and minimize glare, shall use light cutoffs to control light spillover onto adjacent properties and urban sky glow, and shall use low energy light fixtures consistent with the City’s goals for energy efficiency.
vii. Vehicle Storage. No vehicles shall be stored in the public right-of-way. c. Modification of Standards. The Zoning Officer may allow modification to standards in Paragraph c (Standards) above with an AUP upon finding that the modification:
i. Is necessary to facilitate incorporation of an existing structure; ii. Achieve greater consistency with the surrounding street pattern; iii. Buffers impacts to an adjacent residential district; or iv. Is needed to accommodate dealership operations.

Section 7. That Table 23.204-28 C-SA Maximum Building Heights and Figure

23.204-3 C-SA Building Height Sub-Areas be amended to read:

11 Table 23.204-28. C-SA Maximum Building Heights
Maximum Height
Building Land Use Subarea 1One Subarea 2All other
parcels
Non-Residential Uses 36 ft and 3 stories 24 ft and 2 stories Mixed Use and Residential
Only
60 ft and 5 stories [1] 36 ft and 3 stories
[1]
[1] In mixed-use buildings, the third story and above must be used for residential purposes entirely.

Figure 23.204-3. C-SA Building Height Sub-Areasarea One

12 Section 8. That Berkeley Municipal Code 23.204.110(B) be amended to read:

B. Allowed Land Uses.

1. General. See Table 23.2041: Allowed Uses in the Commercial Districts.

2. Bar/Cocktail Lounge/Taverns. Service of distilled alcoholic beverages in the C-T district is allowed only when incidental to seated food service.

3. Drug Paraphrenalia Stores. Any use involving the sale or distribution of drug paraphrenalia is not permitted in the C-T district.

42. Fuel Stations. Alternative fuel and gasoline stations are allowed with Use Permit when located in a parking structure.

3. Residential Use, Ground Floor. Residential uses are permitted on the ground floor where located behind a commercial use. The ground floor commercial use must meet the following standards:
a. Occupy a minimum 30-foot depth of the ground floor, as measured from the ground floor street frontage, and
b. Occupy the full extent of the building frontage, excluding required utilities, driveways, pedestrian access and residential lobby.

64. Office Uses.

13 a. Table 23.204-31 shows permits required for office uses in the C-T district.

TABLE 23.204-31: C-T OFFICE PERMIT REQUIREMENTS
Permit Required
Building Location First and Second Story Above Second Story Adjacent to Bancroft
Way AUP
Not adjacent to
Bancroft Way
As required by
Table 23.204-1
UP(PH)
b. When office uses are located on the ground floor adjacent to street frontage, the storefront windows must either:
i. Include a window display; or
ii. Be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

75. Upper Story Uses.
a. Floor area above the ground floor may be occupied only by a residential or office uses.
b. A commercial use that is an integral part of a ground floor establishment is permitted on the second story if the use:
i. Has no entrances or exits, other than required fire exits, outside of the ground floor space; and
ii. Does not exceed the ground-floor area of the use.

Section 9. That Berkeley Municipal Code 23.204.120(A)(2)(e) be amended to read:
e. Encourage location of late nightlate-night commerce in appropriate areas in Berkeley, such as the downtown area, and allow businesses to address demand for late night service on Solano Avenue by establishing a 11:00 p.m12:00 midnight. closing time for businesses on Solano Avenue; and
Section 10. That Berkeley Municipal Code 23.204.130(D)(3) be amended to read:

3. Use Limitations; Findings. Food service establishments and offices Offices on the ground floor adjacent to a street frontage require an AUP. To approve the AUP, the Zoning Officer must find that
(a) The project meets the purposes of the Arts Overlay District as set forth above; and

14 (b) The location, size, type, appearance, and signage of the proposed use will:
i. Animate and enhance the pedestrian experience on the street; and ii. Be generally open to the public evenings and on weekends, whenever practicable.

Section 11. That Berkeley Municipal Code 23.204.130(E)(7)(a)(iv) be amended to read:
iv. Gym/Health and Fitness Facility Club
Section 12. That Berkeley Municipal Code 23.204.150(B)(3)(b) be amended to read:
b. Active Commercial Uses Defined. Active Commercial uses are commercial uses which generate regular and frequent foot traffic. Uses include businesses in the following use categories: Retail Retail Uses Sales; Personal and Household Services Uses; Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses; and the following uses: Banks and Financial Services, Retail;, and Vehicle Parts Stores.

Section 13. That the lines named “Family Day Care Home, Large,” “Family Day Care Home, Small,” “Bar/Cocktail Lounge/Tavern,” “Dance/Exercise/Martial Arts/Music Studio, “Food Service Establishment,” “Group Class Instruction,” “Gym/Health Club,” and “Food and Beverage for Immediate Consumption,” in Table 23.206-1 Allowed Uses in Manufacturing Districts, within Berkeley Municipal Code 23.206.020, are amended, and lines named “Food Service Establishment, Under 5,000 sq. ft.” “Food Service Establishment, 5,000 sq. ft. or larger,” “Food Service Establishment, Under 20,000 sq. ft.” “Food Service Establishment, 20,000 sq. ft. or larger” “Live Entertainment, Unamplified” and :Live Entertainment, Amplified” are added, to read:

TABLE 23.206-1: ALLOWED LAND USES IN MANUFACTURING DISTRICTS

MANUFACTURING DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an asterisk
following the permit requirement
(e.g., ZC*)
Family Day Care Home, Large NP NP ZC* AUP* 23.206.040.C Family Day Care Home, Small NP NP ZC* ZC* 23.206.040.C

15 MANUFACTURING DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an asterisk
following the permit requirement
(e.g., ZC*)
Bar/Cocktail Lounge/Tavern/Tap
Room/Wine Tasting
NP NP NP See 23.306
Dance/Exercise/Martial Arts/Music
Studio

NP NP -- UP(PH)
Food Service Establishment See 23.302.070.E
Food Service Establishment,
Under 5,000 sq. ft
-- -- AUP* AUP* 23.302.070(E)
Food Service Establishment,
5,000 sq. ft. larger
-- -- UP(PH)* UP(PH)* 23.302.070(E)
Group Class Instruction NPZC NPZC __ UP(PH)ZC
Gym/Health and Fitness Facility
Club

NP NP -- NP
Incidental Uses
Food and Beverage for Immediate
Consumption
-- AUP [2] -- --
Food Service Establishment AUP [2] -- AUP [2] AUP
Food Service Establishment,
Under 20,000 sq. ft
AUP* AUP* AUP* AUP* 23.302.070(E)
Food Service Establishment,
20,000 sq. ft. larger
NP AUP* NP AUP* 23.302.070(E)
Live Entertainment NP NP UP(PH)* UP(PH)* 23.302.020.D
Live Entertainment, Unamplified NP NP ZC ZC
Live Entertainment, Amplified NP NP AUP AUP
Section 14. That Berkeley Municipal Code 23.302.020(B) be amended to read:

B. Hours of Operation.

16 1. Allowed Hours. Table 23.302-1: Allowed Hours of Operation shows allowed hours of operation for commercial uses in the commercial districts and the MU-R district, unless otherwise restricted by an existing permit.

2. Hours of Operation Defined.
a. For retail or customer-serving office commercial uses, hours of operation are those times that the business is open to customer access. a. For food service establishments, hours of operation include the time that the business is open for customer access to the departure of the last patron.

These limitations do not apply to:
i. The delivery, maintenance, security, product preparation and other pre-opening activities, and
ii. Cleanup, shutdown, and other post-closure activities which do not involve presence of customers.
c. For other commercial and manufacturing uses which do not involve customer access, hours of operation are those times that employees are present who are engaged in non-maintenance or security activities.

2.3. Exceptions. The City may allow extended hours of operations with the approval of a permit as shown in Table 23.302-1. If more restrictive hours of operation than what is permitted in Table 23.302-1 are imposed as a condition of approval on an existing AUP or UP, the hours may be modified within the district's current limits with approval of an AUP regardless of the original review authority.

Table 23.302-1: Allowed Hours of Operation

DISTRICT ALLOWED HOURS OF OPERATION
PERMIT

REQUIRED TO

EXTEND HOURS

C-C, C-U, C-NS, C-AC,
C-W nodes
7:00 a.m. – 12:00 midnight
6:00 a.m. – 2:00 a.m. AUP

C-N, C-E, C-NS, C-SO,
C-SA, C-W outside
nodes, MU-R
7:00 a.m. – 11:00 p.m.
6:00 a.m. – 12:00 midnight UPAUP
C-W nodes 6:00 a.m. – 12:00 midnight with Zoning
Certificate UP
C-SA
7:00 a.m. – 12:00 midnight Sundays
through Thursdays
7:00 a.m. – 12:00 Fridays and Saturday UP
C-AC
7:00 a.m. – 12:00 midnight Sundays
through Thursdays
7:00 a.m. – 2:00 a.m. Fridays and Saturday
UP

17 C-T, C-DMU between
Bancroft Way and the
north side of Dwight
Way
24 hours per day 7 days a week N/A
C-T between the south
side of Dwight Way and
Parker Street
7:00 a.m. – 12:00 midnight AUP
C-DMU 6:00 a.m. and 2:00 a.m. AUP
MU-R 6:00 a.m. and 10:00 p.m. AUP

24. Alcohol Sales in C-T District. A Use Permit is required in the C-T district for a business selling alcohol for off-site consumption to remain open past midnight. The Use Permit may be approved only if the business’s ABC license does not require sales of alcohol for off-site consumption to cease by midnight. The Zoning Adjustments Board (ZAB) may approve the Use Permit only upon finding that the extended hours will not generate excessive noise, traffic or parking problems affecting the well-being of the residents of the district.

3. C-T District Findings. The Zoning Officer may approve an AUP to extend hours of operation in the C-T district upon finding that the extended hours will not generate excessive noise, traffic, or parking problems affecting the well-being of the residents of the district.

4. Hours of Operation Defined.
a. For retail or customer-serving office commercial uses, hours of operation are those times that the business is open to customer access. b. For food service establishments, hours of operation include the time that the business is open for customer access to the departure of the last patron.

These limitations do not apply to:
i. The delivery, maintenance, security, product preparation and other pre- opening activities, and
ii. Cleanup, shutdown, and other post-closure activities which do not involve presence of customers.

For other commercial and manufacturing uses which do not involve customer access, hours of operation are those times that employees are present who are engaged in non-maintenance or security activities.

Section 15. That Berkeley Municipal Code 23.302.020(D) be removed and that Berkeley Municipal Code 23.302.020(E) be amended to read:

18 D. Live Entertainment -- Permits Required. Live entertainment incidental to a permitted use is allowed as shown in Table 23.302-2.

Table 23.302-2: Permit Requirements for Live Entertainment

PERMIT REQUIRED

ZONES AMPLIFIED UNAMPLIFIED

C-C, C-U, C-SA, C-T, C-SO, C-DMU, C-AC AUP ZC

C-N, C-NS, C-W UP(PH) ZC
C-E Not Permitted ZC
M, MM Not Permitted Not Permitted

MU-LI, MU-R UP(PH) UP(PH)

1. Allowed Activities.
a. In the S-O district, food service establishments may have no live entertainment other than unamplified music, poetry reading, comedy or other quiet activities.
b. In the C-NS district, food service establishments may have no live entertainment other than unamplified background music, unless a Use Permit is obtained.

ED. Outdoor Uses.

1. Applicability. This subsection applies to outdoor uses including but not limited to exterior service windows, outside automatic teller machines, and the outside storage of goods, containers and/or materials.

2. General. Commercial and manufacturing uses shall be conducted solely within an interior of a building unless:
a. The permit as required by Paragraph 3 (Permits Required) is obtained; or b. the outdoor use is specifically allowed by the Zoning Ordinance.

3. Permits Required. Table 23.302-2 Permit Requirements for Outdoor Uses shows permits required for uses outside of a building in the Commercial and Manufacturing Districts.

3. Table 23.302-3: Permit Requirements for Outdoor Uses shows permits required for uses outside of a building in the Commercial and Manufacturing Districts.

19 TABLE 23.302-32: PERMIT REQUIREMENTS FOR OUTDOOR USES DISTRICT/USE CHARACTERISTICS [1] PERMIT

REQUIRED
All Commercial Districts Except for C-W
Not abutting a residential district AUP
Abutting a residential district UP(PH)
C-W
Not abutting a residential district and less than 10,000 s. ft. AUP Abutting a residential district UP(PH)
10,000 sq. ft. or more UP(PH)
M, MM [2]
Less than 20,000 sq. ft. ZC
20,000 sq. ft. or more AUP
MU-LI
Less than 20,000 sq. ft. ZC
20,000 to 30,000 sq. ft. AUP
More than 30,000 sq. ft. UP(PH)
MU-R
Not abutting a residential district AUP
Abutting a residential district UP(PH)
Notes:
[1] Size is measured as the lot area of the outdoor activity or storage [2] In the M and MM district permits are required only for activity or storage not ancillary to a permitted use.

54. C-W District. In the C-W district, uses outside of a building must be permitted or incidental to permitted use in the district.

65. M, MM, MU-LI Districts. Outside uses in the M, MM, and MU-LI districts may not abut a residential district.

Section 16. That Berkeley Municipal Code 23.302.070(E) be amended to read:

E. Food Service Establishments.

1. Maximum Size in R-SMU. Food service establishments in the R-SMU district may not exceed 1,200 square feet.

20 2. Permits Required in Commercial Districts and in the R-BMU. 6 shows permits required for food service establishments in the commercial districts and in the R-BMU.

Table 23.302-6: Permit Requirements for Food Service Establishments

DISTRICT/USE SIZE PERMIT

REQUIRED

C-C, C-U, C-T, C-W
Under 1,500 sq. ft ZC
1,500 sq. ft. or more AUP

C-N, C-NS, C-SA, C-SO
Under 1,000 sq. ft ZC
1,000 sq. ft. or more AUP
C-AC, South Shattuck and North Adeline Subareas
3,000 sq ft or less ZC
Over 3,000 sq ft AUP
C-AC, South Adeline Subarea
1,500 sq ft or less ZC
Over 1,500 sq ft AUP
R-BMU, North Berkeley BART Station UP(PH)
C-E AUP [1]
C-DMU
Under 3,000 sq. ft outside the Arts District Overlay ZC 3,000 sq. ft. or more AUP
Any size within the Arts District Overlay AUP [2]
Notes:
[10] All food service uses in the C-E district require an AUP and may not be considered as an incidental use except when accessory to a food product store. [11] See 23.204.130.D.3 for required findings.

3. Notification of Decision. Food service establishments requiring an AUP in the C-N, C-E, C-NS, C-SA, C-T, C-SO districts must provide public notification of decision (NOD) within a 300-foot radius of the subject property.

4. Carry Out Limitations in C-U District. Food service establishments in the C-U district that exclusively sell food for offsite consumption are not permitted at any

21 location on University Avenue between Oxford Street and Martin Luther King Jr.

Way until a Downtown Retail Plan is adopted by the City Council.

5.1. Outdoor Cafe Seating.
a. Outdoor cafe seating on private property outside of the public right-of-way is allowed in the commercial districts with the following permits:
i. Zoning Certificate when seating does not abut a residential district. ii. AUP when seating abuts a residential district.
b. Outdoor seating is not permitted for food service establishments in the MU-LI District.
c.b. Sidewalk cafe seating within the public right-of-way is subject to

23.302.060 (Sidewalk Cafe Seating).

6.2. Building Openings – C-E and C-NS Districts. Food service establishments in the C-E and C-NS districts may have no openings, other than fixed windows and required fire exits, within 50 feet of a residential district.

7.3. C-W District Requirements.
a. Food service drive-through is not permitted on properties fronting San Pablo Avenue.
b. To approve a Use Permit for a food service establishment on a lot with frontage on San Pablo Avenue, the ZAB must find that:
i. The project does not conflict with the goals and policies of the C-W district;
ii. The location, size, appearance and signage of the project will not adversely affect the San Pablo Avenue corridor;
iii. The project supports pedestrian-oriented development; iv. The project is designed to protect the residential character of surrounding neighborhoods from the adverse impacts of fast food development, including, but not limited to increased traffic, litter, and noise; and
v. For projects which include construction of new buildings, the project design:

1. Provides intensity of development which does not underutilize the property; especially at or near intersections of major streets;

2. Provides pedestrian scale and siting; and

3. Incorporates continuity in street facades.

22 8. Permits Required in Manufacturing Districts. Table 23.3028 shows permits required for food service establishments in the manufacturing districts.

TABLE 23.302-7: PERMIT REQUIREMENTS FOR FOOD SERVICE ESTABLISHMENTS IN

MANUFACTURING DISTRICTS

DISTRICT

USE TYPE AND SIZE

M MM MU-LI MU-R
Incidental Use
Under 20,000 sq. ft. AUP [1] AUP
[1,2] AUP [1] AUP [1]
20,000 sq. ft. or more - - - AUP
Carry Out Food Service (Primary Use)
Under 5,000 sq. ft. - - AUP AUP
5,000 sq. ft. or more - - UP UP
Quick Service Restaurant (Primary Use)
Under 5,000 sq. ft. - - AUP AUP
5,000 sq. ft. or more - - UP UP
Full-Service Restaurant (Primary Use) - - UP UP
Notes:
[12] Outdoor food service is not permitted.
[13] Limited to food or beverage for immediate consumption.

9.4.MU-LI and MU-R District – Findings.
a. To approve an AUP or Use Permit to establish or expand a food service establishment in the MU-LI or MU-R district, the review authority must find that the establishment of the use, given its size, location, physical appearance and other relevant characteristics, will not have a significant detrimental impact on the industrial character of the area.
b. To approve an AUP for a food service establishment less than 5,000 square feet, the Zoning Officer must find that a substantial portion of the food consists of goods manufactured on site.

Section 17. That Berkeley Municipal Code 23.302.070(G) and (H) be amended to read:

G. Parking Lot/Structure.

1. Permits Required.

23 2.1. Permits Required. Table 23.302-9 7 shows required permits for the exclusive or primary use of a lot for off-street parking spaces.

TABLE 23.302-97: PERMIT REQUIREMENTS FOR PARKING LOTS/STRUCTURES

DISTRICT PERMIT REQUIRED
Residential Districts
R-3 Use Permit for all parking lots and structures. [1]

R-S, R-SMU, R-
BMU
Use Permit for parking structures only. Parking lots are not permitted, except on lots between Acton Street and Virginia Gardens and between Peralta Avenue and Northside Avenue in the R-BMU.

All other
residential
districts
Use Permit for all parking lots and structures.

Commercial Districts
C-C, C-U Zoning Certificate for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-SO AUP for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-DMU AUP for parking lots with 8 spaces or fewer. Use Permit for all parking structures. Lots with more than 8 spaces not permitted.

C-N, C-E, C-
NS, C-SA Use Permit for all parking lots and structures.

C-T Use Permit for all parking structures. All parking lots not permitted.

C-W AUP for parking lots and structures with 10 spaces or fewer. Use Permit for parking lots and structures with more than 10 spaces.

Manufacturing Districts
M, MM
AUP for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-LI
Zoning Certificate for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. AUP for parking lots and structures with 11 spaces or more exclusively for uses in the district.

Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-R
Zoning Certificate for parking lots and structures exclusively for uses in the district. Use Permit for parking lots and structures not exclusively for uses in the district.

24 Notes:
[1] Parking lots and structures in the R-3 district are not permitted within the Southside Plan area

3.2.Residential District Standards. See 23.322.110– Parking Lots in Residential Districts for standards that apply to the exclusive or primary use of a lot for off-street parking spaces in a residential district.

H. Residential Use, Ground-Floor Units.

1. Southside Plan Area. In the R-3, R-S, R-SMU, and C-T districts within the Southside Plan boundaries, individual unit entries located within six feet of the front property line shall be at least 18 inches above the finished grade of the adjacent public frontage.

I. Senior Congregate Housing. Table 23.302-10 8 shows permits required for senior congregate housing.

TABLE 23.302-108: PERMIT REQUIREMENTS FOR SENIOR CONGREGATE HOUSING

PROJECT PERMIT REQUIRED
Change of use from an existing dwelling unit to accommodate six or fewer people ZC
Change of use from an existing dwelling unit to accommodate seven or more people AUP
New construction to accommodate any number of people UP(PH) Section 18. That Berkeley Municipal Code 23.310.020 be amended to read:

A. Applicability.

1. This section applies to any application to begin or increase alcoholic beverage sales or service, excluding beer and winealcoholic beverage service incidental to a food service establishment in a Commercial District (see 23.310.030 (Alcoholic Beverage Service When Incidental to a Food Service)).

2. As used in this section, an increase in alcoholic beverage sales or service includes, but is not limited to:
a. Adding the sales or service of distilled spirits to any existing sales or service of beer and/or wine;
b. Extending the hours of operation of any establishment that sells or serves any alcoholic beverage; and

25 c. Adding to the capacity, floor area, or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages.

3. An increase in alcoholic beverage sales or service does not include extending the hours of operation of any food service establishments with incidental beer and/or wine service.

B. Permit Required. A Use Permit is required to begin or increase alcoholic beverage sales or service in any way.

1. An Administrative Use Permit is required to begin service of alcoholic beverages, except as provided in 23.310.030 (Alcoholic Beverage Service When Incidental to Food Service).

1.2. To increase sales and service of alcoholic beverages, an existing Administrative Use Permit or Use Permit may be modified with an AUP regardless of the original review authority.

C. Application – List of Nearby Establishments. As part of an application to begin or increase alcoholic beverage sales or service, the applicant must provide a list of all establishments within a 1,000-foot radius which are in the same category of alcoholic beverage sales or service, as defined by the California Department of Alcoholic Beverage Control.

DC. Findings of Public Convenience or Necessity. To approve a permit for alcoholic beverage sales or service, the decision-making body must make the following findings: If the proposed use is within a 1,000-foot radius of the site of a use that is in the same category of alcoholic beverage sales or service, excluding food service establishments with incidental service of beer and/or wine, the Zoning Adjustments Board (ZAB) may approve the application

1. The number of alcoholic beverage sales licensees in the census tract does not exceed the limit set by the Department of Alcoholic Beverage Control, as defined in California Business and Professions Code Section 23958.4, excluding Food Service Establishments with incidental alcohol service; and

1.2. At least one of the following:only if it makes all of the following findings:
a. The proposed establishment will promote the City’s economic health, contribute to General Plan or area plan policies, or further the district purpose. b. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales or service. b. c. The applicant has operated a licensed establishment that has not been the subject of violations regarding alcohol in the State of California, or violations of public safety or nuisance statutes or regulations in Berkeley. as verified by the Police Department, such violations do not indicate a high likelihood of further

26 violations and/or detrimental impacts from the proposed establishment. In making this finding, the ZAB decision-making body may consider the number, frequency, and severity of prior violations, the time elapsed since the last violation, and other relevant factors.

4. If the proposed establishment is within 1,000 feet of any public park or public school, the ZAB has taken into consideration the effect of the proposed establishment upon such sensitive public uses.

3. If the number of alcoholic beverage sales licenses in the census tract exceeds the limit set by the Department of Alcoholic Beverage Control; the decision-making body must find that the public convenience or necessity would be served by approving alcohol sales at the proposed location for any two or more of the following reasons:
a. The proposed establishment will promote the City’s economic health, contribute to General Plan or area plan policies, or further the purposes of the district. b. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales or service. c. The sale of alcoholic beverages will enhance recreational or entertainment opportunities in the area.
d. The sale of alcoholic beverages complements the sale of other goods and merchandise at the location.
e. The issuance of a license at the proposed location will improve the convenience of area residents and visitors who purchase alcoholic beverages.

4. The Police Department has reported that the proposed establishment would not be expected to add to crime in the area.

Section 19. That Berkeley Municipal Code 23.310.030 be amended to read:

A. Permits Required. Table 23.310-1 shows permits required for alcoholic beverage service when incidental to a food service establishment. If more restrictive requirements than what is permitted in Table 23.310-1 are imposed as a condition of approval on an existing AUP or UP, the use may be modified with an AUP regardless of the original review authority.

Table 23.310--1: Permits Required for Alcoholic Beverage Service Permit Required Based on
Type of Beverages Served When Incidental to Food
Service
District Beer and Wine Distilled Spirits

R-SMU UP(PH) UP(PH)

27 Permit Required Based on
Type of Beverages Served When Incidental to Food
Service
District Beer and Wine Distilled Spirits

R-BMU ZC UP (PH)
All Commercial
Districts, except C-AC
and the R-BMU
District

ZC UP(PH) AUP

C-AC ZC AUP

MU-LI, MU-R UP(PH) AUP UP(PH) AUP
B. Use Limitations.

1. R-SMU District. In the R-SMU district, alcoholic beverage service is allowed only for full-service restaurants. Alcoholic beverage service is not allowed for carry out food stores and quick-service restaurants.

2. Commercial Districts. In Commercial Districts, beer and wine service is allowed by right when for on-site consumption with seated food service.

3. C-NS and R-BMU Districts. In the C-NS district, distilled spirit service is allowed only for full-service restaurants. Distilled spirit service is not allowed for carry out food stores and quick-service restaurants.

4. C-T and C-SO Districts. In the C-T and C-SO districts, distilled spirit service is allowed only for on-site consumption with seated food service.

5. C-AC District. In the C-AC district, distilled spirit service is allowed along Adeline Street south of Ashby Avenue only for on-site consumption with seated food service.

CB. Incidental Beer and Wine Service Standards. The following standards apply to beer and wine service incidental to a food service establishment. in a Commercial District.

1. Licensing.
a. The food service establishment shall comply with all applicable regulations of the California Department of Alcoholic Beverage Control. b. An operator of the licensed establishment may not have a prior licensed establishment that was the subject of verified complaints or violations regarding alcohol, public safety, or nuisance statutes or regulations before issuance or transfer of a business license at this location.

2. Service.

28 a. Beer and wine beverage service shall be incidental to the primary food service use.
b. Beer and wine service incidental to seated food service shall only be allowed at a bona fide eating place making actual and substantial sales of meals as determined and required by the California Department of Alcoholic Beverage Control.
c. The sale of beer and wine for off-site consumption is not permitted. d. Employees may not serve beer or wine to patrons who appear to be inebriated or otherwise unable to behave in an orderly manner upon consuming alcohol. e. All beer and wine served to patrons must be served in durable restaurant tableware. Beer or wine may not be distributed in its original bottle or can, or in any other potentially disposable container.
f. There shall be no bar or lounge area upon the licensed premises maintained for the sole purpose of sales, service, or consumption of alcoholic beverages directly to patrons for consumption.
g.d. Hours of operation are subject to review and amendment by the review authority Zoning Officer or the ZAB as necessary to avoid detriment to the neighborhood or to achieve conformance with revised City of Berkeley standards or policies.

3. Operation.
a. The food service establishment must operate at least five days a week. b. The service of beer and wine shall be limited to normal meal hours (per California Department of Alcoholic Beverage Control) during the food service establishment’s hours of operation.
c. During operating the food service establishment’s hours of operation, 100 percent of the serviceall customer accessible areas shall be designed and usedavailable for meal service and the food service establishment must possess the necessary utensils, and condiment dispensers with which to serve meals to the public.
d. At no time shall the operator rent the restaurant space to a third-party. e.d. The owner or operator of the establishment shall take reasonable measures to prevent disturbances by patrons in the immediate vicinity. Such measures shall include:
i. Signs reminding patrons of nearby residences and requests not to congregate or loiter near such residences nor operate vehicles in a noisy manner on residential streets; and

29 ii. Surveillance to public areas near the establishment, keeping public areas free of trash and litter, providing lighting, and otherwise preventing conduct that might disturb the peace and quiet of residences in the vicinity. f.e.The operator shall assume reasonable responsibility for ensuring that patrons do not block the entrance or interfere with pedestrian activity on the adjacent public sidewalk.
g.f.The applicant shall establish cash handling procedures to reduce the likelihood of robberies and theft.

4. Advertising.
a. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior constitute a violation of this requirement. Establishments shall comply with Municipal Code Chapter 20.67 (Alcohol Product Advertising)
b. Alcohol-dispensing facilities and signs advertising alcoholic beverages may not be visible from the public right-of-way.

5. Training.
a. The operator shall finish a Crime Prevention through Environmental Design (CPTED) survey before beginning alcohol service.
b. All employees selling and/or serving beer and wine, or directly supervising such sales and/or service, shall comply with Municipal Code Section 9.84.030 (Responsible Beverage Service Training) and finish the Licensee Education on Alcohol and Drugs (LEAD) program, or another equivalent program offered or certified by the California Department of Alcoholic Beverage Control within 90 days of employment at the establishment. Employees who have finished the course within the last 12 months are exempt from this requirement.

Section 20. That Berkeley Municipal Code 23.324.040(B)(2)(b) be amended to read:
b. Uses with Major Investments. Lawful nonconforming full or quick service restaurantsfood services establishments with cooking or food preparation facilities, gas/auto fuel stations, theaters, manufacturing plants with specifically designed fixed facilities and other uses which represent a major investment in physical plant or facilities shall not be considered or declared terminated, regardless of the duration of non-use, unless:
i. Such fixed structures, equipment, or facilities are removed; or

30 ii. Other uses could not be established without major removal of or extensive remodeling or replacement of structures associated with the previous established use.

Section 21. That Berkeley Municipal Code 23.502.020(B)(4) be amended to read:

4. Bar/Cocktail Lounge/Tavern/Tap Room/Wine Tasting. A business devoted to serving alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.

Section 22. That Berkeley Municipal Code 23.502.020(D) be amended to read:

D. “D” Terms.

1. Dance/Exercise/Martial Arts/Music Studio . An establishment in which customers assemble for group exercises, dancing, self-defense training, aerobics, choral or musical instrument instruction, other movement drills for learning, rehearsal or non-audience performances.

2.1. Deck. An unenclosed structure, usually made of wood, built to provide a solid continuous surface for outdoor use and/or access to a door, which is accessible from the ground level, directly or from a connecting stairway and is separated from the ground by an air space.

3.2. Demolition. A building or enclosed structure shall be considered demolished for the purposes of this chapter when, within any continuous 12-month period, such building or enclosed structure is destroyed in whole or in part or is relocated from one lot to another. For purposes of this definition, destroyed in part means when 50 percent or more of the enclosing exterior walls and 50 percent or more of the roof are removed. Removal of facades or portions of facades requires Design Review.

4.3. Density. See 23.106.100 - Residential Density

5.4. Density Bonus. See 23.332.020 (Definitions).

6.5. Department. The Planning and Development Department of the City of Berkeley or its successor administrative unit.

7.6. Department Store. A retail store selling several kinds of merchandise, which are usually grouped into separate sections, including but not limited to, apparel, housewares, household hardware, household appliances, household electronics and gifts.

8.7. Dormer. A projection built out from a sloping roof, usually housing a vertical window or ventilating louver. See also 23.304.110 (Dormers).

31 9.8. Dormitory. A building providing group living accommodations, occupied by individuals not sharing a common household, characterized by separate sleeping rooms without individual kitchen facilities and containing congregate bath and/or dining facilities or rooms.

10.9. Drive-in Uses. A use where a customer is permitted or encouraged, either by the design of physical facilities or by the service and/or packaging procedures offered, to be served while remaining seated within an automobile. This use includes drive-through food service establishments, financial services (banks), and automatic carwashes.

11.10. Driveway. A paved, vehicular accessway connecting an off-street parking space or parking lot with a public or private street.

12.11. Drug Paraphernalia. As defined in California Health and Safety Code Section 11364.5(d).

13.12. Drugstore. A retail establishment where the profession of pharmacy is practiced and/or where licensed prescription drugs and general merchandise are offered for sale. A food products store with a pharmacy is not a drugstore.

14.13. Dry Cleaning and Laundry Plants. A place where clothes are dry cleaned, dyed and/or laundered as part of a commercial business, whether or not such clothes were deposited by a customer at that location, or transported from another location, as part of a service. This use includes all establishments subject to Section 19233 of the State of California Business and Professions Code, regulating Dry Cleaning Plants, but excludes laundromats and cleaners as defined in this chapter.

15.14. Duplex. A building or use of a lot designed for, or occupied exclusively by, two households.

16.15. Dwelling Unit. A building or portion of a building designed for, or occupied exclusively by, persons living as one household.

Section 23. That Berkeley Municipal Code 23.502.020(F) (11) be amended to read:

11.Food Service Establishments. An establishment which in whole or in part prepares food or beverages for immediate consumption on or off the premises. a. Carry Out Food Store: A store which serves food or non-alcoholic beverages for immediate consumption not on the premises, but usually in the vicinity of the store. This use is usually characterized as an establishment which serves food altered in texture and/or temperature on a customer-demand basis, puts such food in non-sealed packages or edible containers, requires payment for such food before consumption, and provides no seating or other physical accommodations for on- premises dining. Examples of this use include

32 delicatessens and other stores without seating which sell doughnuts, croissants, ice cream, frozen yogurt, cookies, whole pizzas and sandwiches.

This use excludes bakeries and food products stores.
b. Quick Service Restaurant: An establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. This use is usually characterized as an establishment in which food is cooked on a customer-demand basis, payment is required before consumption, limited or no able service is provided (no waiters), and seating or other physical accommodations for on- premises customer dining is provided. Examples of this use include establishments selling primarily hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza slices, fried chicken, or fish and chips. c. Full-Service Restaurant: An establishment which serves food or beverages for immediate consumption primarily on the premises, with only a minor portion, if any, of the food being taken out of the establishment. This use is characterized as an establishment in which food is stored, cooked or prepared on the premises on a customer-demand basis, which requires payment after consumption, and provides seating and tables for on-premises customer dining, and may provide with table service (waiters).

Section 24. That Berkeley Municipal Code 23.502.020(G)(6) be amended to read:

6. Group Class Instruction. An establishment that offers specialized programs in personal growth, and development, and instruction in artistic, cultural, and academic pursuits, including music and choral schools, performing arts, arts and crafts, cooking, tutoring, martial arts and self-defense training. Excludes spaces designed exclusively for public performance. Includes music studios, drama schools, dance academies, art schools, tutoring schools, and instruction in other cultural and academic pursuits.

Section 25. That Berkeley Municipal Code 23.502.020(G)(9) be removed:

9. Gyms and Health Clubs. An indoor facility where exercise equipment, classes and related activities related to personal health and fitness are available to paying customers. Excludes parks/playgrounds.

Section 26. That Berkeley Municipal Code 23.502.020(H)(2) – (11) be amended to read:

2. Health and Fitness Facility. A facility where exercise equipment, swimming pools, group or aerobic classes (including yoga and Pilates) and other activities related to person health and fitness are available to customers or members.

Excludes park/playground.

33 23. Hedge. Any line or row of plants, trees or shrubs planted in a continuous line to form a dense thicket or barrier.

34. Height of Building, Average. See 23.106.090.A (Average Building Height).

45. Height of Building, Maximum. See 23.106.090.B (Maximum Building Height).

56. Home Occupation. A business use conducted on property developed with a residential use, which is incidental and secondary to the residential use, does not change the residential character of the residential use, is limited so as not to substantially reduce the residential use of the legally established dwelling, Accessory Dwelling Unit, Accessory Building or Group Living Accommodation room and is operated only by the residents of the subject residence.

There are three classification of Home Occupations. For the purposes of this section, a "customer" is considered a single paying customer, but may include more than one person receiving the services at the same time:
(1) Class I Home Occupation--Involves no more than five customer visits per day, with no more than four persons receiving services at a time. This class does not allow shipping of goods directly from the subject residence. (2) Class II Home Occupation--Involves no more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site.

This class does not allow shipping of goods directly from the subject residence.
(3) Class III Home Occupation--Involves more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site and/or involves shipping of goods directly from the subject residence.

67. Hospital. A facility for in-patient medical care licensed under California Administrative Code, Title 17, Section 237 or 238.

78. Hot Tub. A tub or small pool, usually made of wood or fiberglass, in which heated water is maintained for recreational or therapeutic activities, including, but not limited to, jacuzzis, whirlpools and spas.

89. Hotel, Residential. A type of group living accommodations which provides rooms for rent for residential purposes, including single residential occupancy (SRO) rooms.
910. Hotel, Tourist. A building with sleeping rooms used, designed, or intended for occupancy by transient guests for a period not to exceed 14 consecutive days.

34 This use includes inns, bed and breakfasts (B&Bs), and hostels, and excludes building with residential hotel rooms and dwelling units. 1011. Household. One or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and utilities, as well as maintaining a single lease or rental agreement for all members of the household and other similar characteristics indicative of a single household.
1112. Household Income, Gross. The income of all adult members of the household as determined by the guidelines used by the Berkeley Housing Authority for its administration of the Section 8 Rental Subsidy Program. For purposes of this definition, household is the same as Family in the federal Section 8 Existing Housing Program or its future equivalent. Classification of Households, based on income, shall be based on the following percentages of the Oakland Primary Metropolitan Statistical Area (PMSA) statistical figures for income of the most recent U.S. Census that are available:
(a) Low Income Household. A household whose gross income is greater than 80 percent and less than 100 percent of the median income. (b) Lower Income Household. A household whose income is no greater than 80 percent and above 50 percent of the median income.
(c) Very Low Income Household. A household whose gross income is 50 percent or less of the median income.

Section 27. That Berkeley Municipal Code 23.502.020(S)(31) be amended to read:

31. Studio. See Art/Craft Studio and Dance. Exercise, Martial Arts or Music Studio.

Section 28. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Planning and Development Department
Land Use Planning Division

STAFF REPORT
October 4, 2023
TO: Members of the Planning Commission
FROM: Jus
tin Horner, Associate Planner
SUBJECT: Zoning Amendments for Berkeley Business Public Hearing

RECOMMENDATION
Planning Commission is asked to hold a public hearing, receive and provide comment on the proposed Zoning Amendments for Berkeley Business (“proposed zoning amendments’), and make a recommendation for consideration by the City Council.

SUMMARY
In response to City Council referrals and recommendations from the Planning Commission’s Zoning Amendments for Berkeley Business Subcommittee, staff from the Office of Economic Development (OED) and the Land Use Planning Division (LUP) are proposing zoning amendments (Attachment 1) targeted at supporting businesses, particularly small businesses with fewer than 50 employees, in commercial, manufacturing and the Residential BART Mixed Use (R-BMU) and Residential Southside Mixed Use (R-SMU) zoning districts.

On June 7, 2023, the Planning Commission heard a presentation and held a discussion on proposed policy changes and zoning amendments (Attachment 2). At that meeting, the Planning Commission appoi
nted a Subcommittee, which met on June 28, 2023 and
August 23, 2023, to review the draft proposed ordinance in detail. The proposed ordinance is included as Attachment 1 to this report. The policy rationale for each of these zoning amendments is discussed at length in the June 7, 2023 Planning Commission staff report. Changes made subsequent to the June 7, 2023 Planning Commission meeting are discussed in detail below.

FISCAL IMPACTS OF RECOMMENDATION
As noted in the June 7, 2023 Planning Commission report, the proposed amendments are intended to simplify the planning review process for business activities, including new business starts and expansions. Therefore, the proposed amendments may result in a modest increase in business license tax and sales tax revenues due to increased ATTACHMENT 2

business activity. In addition, the proposed amendments may result in a modest decrease in staffing-related expenditures and land use permitting fee collections, as more uses would be permitted “by right” rather than through a discretionary permitting process.

CURRENT SITUATION AND IT S EFFECTS
The Zoning Ordinance has evolved over many decades to reflect Berkeley's changing values and the dynamic landscape of property development and land use. Its requirements are intended to guide the city's growth while providing opportunities for feedback from residents, business owners, and commercial district and neighborhood associations.

OED staff has observed a specific challenge encountered by small, independent enterprises—the intricate path of maneuvering through the permit review procedure, and associated timelines and financial implications.

In order to better accommodate today's small, independent enterprises, OED staff propose a series of amendments. While they would apply to businesses of all sizes, these proposed zoning amendments aim to establish a streamlined, cost-effective, and expedited process tailored to smaller businesses. These changes further the City of Berkeley's Strategic Plan goals to "foster a dynamic, sustainable, and locally-based economy" and "provide excellent, timely, easily- accessible service and information to the community," while honoring the city's commitment to public participation and ensuring that new uses are compatible with neighboring land uses.

BACKGROUND
As detailed in the June 7, 2023 Planning Commission report, the proposed zoning amendments reflect policy changes that are summarized in Table 1 Referral Actions and Zoning Amendment Proposals. The first six proposed zoning amendments reflect specific referred actions from City Council, while the second set of eight proposed zoning amendments reflect staff-initiated changes that are consistent with the direction and intent of City Council referrals. Table 1 also includes a column which indicates which Section(s) of the proposed ordinance (Attachment 1) include changes related to the indicated referral actions. Attachment 1 also includes comment bubbles for each Section of the proposed ordinance to indicate which of the items in Table 1 are referred to therein.

Table 1 Referral Actions and Zoning Amendment Proposals Policy Change Proposed Zoning Change Ordinance
Sections
(Attachment
1)

CITY COUNCIL REFERRALS

1. Group Class Instruction. Allow Group
Class Instruction with a Zoning Certificate
(ZC) in the C-N, C-E, C-NS and C-SO
zoning districts. (Council referral dated
10/15/2019).

Revise definitions of
“Dance/Exercise/Martial Arts/Music Studio”,
“Group Class Instruction”, and “Gyms and
Health Clubs.”
• Removed
“Dance/Exercise /Martial
Arts/Music Studio” use
and revised the definition
of “Group Class
Instruction” (simplified to
“Group Instruction”) to
include it. (Section 23)
• Replaced “Gyms and
Health Clubs” use with
new “Health and Fitness
Facility” use and definition.
(Section 25)
• Changed permit
requirements and size
thresholds. (Sections 1, 2
and 3)
• Removed ground floor
transparency requirement
for gyms in the C-DMU,
for customer privacy.
(Section 4)
• Conforming technical
edits, e.g. renumbering
and references.
1 2
3 4
11 13
22 24
25 26
27 2. Incidental Distilled Spirits. Permit the sale
of Distilled Spirits that are incidental to a
Food Service Establishment with an
Administrative Use Permit (AUP), subject to
performance standards, in all commercial
zoning districts and the MU-LI and MU-R
zoning districts. (Council referral dated
10/15/2019, and Council referral dated
12/4/2018)
• Revised permit
requirements. (Section 18)
19 3. Stand-Alone Beer and Wine. Permit
stand-alone Beer and Wine Sales and
Service with an AUP, subject to
performance standards, in all commercial
zoning districts. (Council referral dated
10/15/2019 and Council referral dated
12/4/2018)
• Expanded Bar/Cocktail
Lounge/Tavern use type
to include “Tap
Room/Wine Tasting.”
(Sections 3, 12 and 20)
• Revised permit
requirements. (Section 3)
3 13
21 4. Alcoholic Beverage Sales Standards.

Update the Special Use Standards for
Alcoholic Beverage Sales in BMC Section

23.310.030(C). (Council referral dated
10/15/2019)
• Revised permit
requirements. (Sections
17 and 18)
18 19

Policy Change Proposed Zoning Change Ordinance
Sections
(Attachment
1)
• Revised Findings of Public
Convenience or
Necessity. (Section 17)

5. Hours of Operation. Modify hours and
days of operations in commercial districts.
(Council referral dated 10/15/2019).

• Amended district purpose
for C-SO District. (Section
8)
• Revised Hours of
Operation. (Section 13)
• Clarified exceptions.
(Section 13)
• Establish that an AUP, not
a Use Permit Modification,
is required to extend hours
to match this change.
(Section 13)
• Conforming technical edit.
(Section 8)
9 14

6. Change of Use. Remove permit
requirements to change a use in
commercial districts. (Attachment 1, referral
dated 10/15/2019)
• Removed additional
permit requirements
related to change of use.
(Sections 3 and 4)
3 4

7. ATMs. Allow Automatic Teller Machines
(ATMs) in commercial districts with a ZC.
(Council referral dated 10/15/2019)
• No recommended
changes.

N/A

STAFF-INITIATED CHANGES CONSISTENT WITH CITY COUNCIL REFERRALS

8. Office, Business and Professional;
Art/Craft Studio; Pet Stores.
• Allow Office, Business and
Professional uses with a ZC in the C-
N, C-E, C-NS, C-T and C-SO zoning
districts;
• Allow Art/Craft Studios with a ZC in
all commercial zoning districts; and
• Permit Pet Stores with an AUP in the
Corridor Commercial (C-C),
University Commercial (C-U), C-N, C-
E, C-NS, South Area Commercial (C-
SA), C-T, C-SO, Downtown Mixed-
Use (C-DMU) and Adeline Corridor
Commercial (C-AC) zoning districts.
• Revised permit
requirements. (Section 3)
3 9. Live Entertainment. Allow unamplified
Live Entertainment with a ZC, and permit
amplified Live Entertainment with an AUP
in the C-C, C-U, C-SA, C-T, C-SO, C-
DMU, C-AC, C-N, C-NS, West Berkeley
Commercial (C-W), C-E, MU-LI and MU-
R zoning districts.
• Added Live Entertainment
as incidental use in the R-
SMU districts. (Section 1)
• Added “Live
Entertainment,
Unamplified” and “Live
1 3
13 15

Policy Change Proposed Zoning Change Ordinance
Sections
(Attachment
1)
Entertainment, Amplified”
as their land uses in the
residential, commercial
and manufacturing
Allowed Uses Tables.
(Section 3)
• Removed stand-alone
section. (Section 12 and
14)

10. Seated Food Service Requirement.

Allow distilled alcoholic beverage service
without seated food service in the C-T, C-
NS, and the C-SO zoning districts.

• Removed requirement that
food service must
accompany distilled
alcohol service. (Sections
7 and 18)
8 19

11. Food Service Establishments 3,000 sq.
ft or less. Allow Food Service
Establishments 3,000 square feet or less
with a ZC, and permit food
establishments greater than 3,000 square
feet with an AUP, in all commercial
zoning districts and the R-SMU and R-
BMU zoning districts, as long as alcohol
services is not included.

• Added new “Food Service
Establishments” uses to
Residential and
Commercial Allowed Use
tables and removed stand-
alone section. (Sections 1,
3 and 15)
• Removed requirement that
food service on ground
floor in C-DMU requires an
AUP. (Section 9)
1 3
10 16

12. Food Service Establishment Quota.

Remove the Numeric Limitation for Food
Service Establishments in the C-E zoning
district.
• Removed numeric quota.
(Section 5)
5 13. Incidental Food Service Establishment
Requirements. Permit incidental Food
Service Establishments under 20,000
square feet in manufacturing districts to
be indoors and outdoors with an AUP,
and remove the specification that food or
beverage be limited to “immediate
consumption” in the MM zoning district.

• Added new “Food Service
Establishment” incidental
uses to Manufacturing
Allowed Use Table and
removed stand-alone
section. (Sections 12 and
15)
13 16

14. Drug Paraphernalia in C-T District.

Allow retail sales of drug paraphernalia in
the C-T zoning district.
• Removed prohibition on
uses involving sale or
distribution of drug
paraphernalia in C-T.
(Section 7)
8 15. Third Party Rental
Remove the restriction on renting space
in a Food Service Establishment that
serves alcohol incidental to food service
to a third party.
• Removed restriction.
(section 18)
19

Changes Subsequent to June 7, 2023 Planning Commission

The June 7, 2023 Planning Commission staff report included detailed discussion of the referral actions and rationales for the proposed zoning changes. Subsequent to that meeting, revised recommendations from the Zoning Amendments for Berkeley Business Subcommittee and from project planning, policy planning, and Office of Economic Development staff have been incorporated into the proposed ordinance. Those changes are summarized below.

1. Group Class Instruction: The BMC includes three related use types (Group Class Instruction, Art Classes/Studios/Dance/ Martial Arts Studios, and Gym/Health Club) that share some overlapping uses (exercise classes, for example, appear in both Group Class Instruction and Gym/Health Club). This has led to some confusion as to how to classify a proposed use. The June 7, 2023 Planning Commission report included revisions to the definitions of each of three related uses to make each one distinct and to clarify how a proposed use should be classified. The report also proposed an alternative approach: consolidating the definitions and creating fewer use types.

The proposed zoning amendments include a consolidation of the three use types into two use types (Group Instruction and Health and Fitness Facility) and provides definitions that expand and clarify what types of uses are to be considered under each use type.

 Single Land Use Alternative: An alternative approach is to consolidate the two proposed use types (“Group Instruction” and “Health and Fitness”) into one single land use, called “Group Activity.” As a result of other changes included in the proposed ordinance, the permit requirements for Group Instruction and Health and Fitness Facility are the same across all commercial districts. It may not be necessary to distinguish between the two use types if they are regulated similarly. However, the two uses are regulated differently in the M, MM, and MU-R zoning districts: Group Instruction is permitted with a ZC, while Health and Fitness uses are not permitted.

In addition, the June 7, 2023 Planning Commission report included permitting Group Class Instruction in any commercial zoning district with a ZC. Currently, Group Class Instruction uses require an AUP in smaller neighborhood commercial districts (C-N, C-E and C-SO zoning districts). The proposed ordinance includes a revision requiring an AUP for larger Group Instruction uses (3,000 sq. ft. or larger) in the C-N, C-E and C-SO zoning districts, while permitting smaller uses with a ZC.

2. Revised Levels of Permit Discretion for Office, Business and Professional: The June 7, 2023 Planning Commission report included a revision to the Allowed Use Table which permitted Office, Business and Professional uses in all commercial zoning districts with a ZC.

In discussing this item, Subcommittee members expressed a concern that making Office, Business and Professional uses easier to establish in smaller neighborhood commercial districts could make it difficult for neighborhood- serving retail to compete in these more discrete areas. Currently, Office, Business and Professional uses require an AUP in smaller neighborhood commercial districts (C-N, C-E and C-SO zoning districts). The proposed ordinance includes a revision that maintains this AUP requirement for Office, Business and Professional use in these three smaller neighborhood commercial zoning districts.

3. Live Entertainment. The June 7, 2023 Planning Commission report included revisions to BMC Section 23.302.020 to make it easier for live entertainment to be approved as an incidental use in commercial zoning districts and in the MU-LI and MU-R zoning districts.

The proposed ordinance includes an additional revision permitting live entertainment as an incidental use in the R-SMU district. Live entertainment, as either a primary or incidental use, is currently not permitted in any residential zoning district. The R-SMU, however, with its relatively dense and mixed-use character, and geographic limitation within the student-oriented Southside Plan Area, was considered an appropriate zoning district in which to permit live entertainment as an incidental use.

4. Structural/Formatting Changes. Currently, for some uses, the residential, commercial and manufacturing allowed use tables do not contain information about required permits for certain use types; instead, users are instructed to find this permit-related information in other sections or tables of the BMC.

Where appropriate, the proposed ordinance eliminates these references and additional tables, and includes required permit distinctions directly within the allowed use tables themselves. The intent is to simplify the ordinance, remove extraneous language, and to make it easier for users to locate the required permit(s).

 Food Service Establishments: Currently, Food Service Establishment is a single use, and users need to go elsewhere in the BMC to learn about permit distinctions based on project size. The proposed ordinance removes the extra section and instead includes two use types, based on size, directly in the Allowed Use Tables (Food Service Establishment, Under 3,000 sq. ft. and Food Service Establishment, 3,000 sq. ft. or larger).

 Live Entertainment: Currently, a user must consult a separate section of the BMC for permit requirements related to unamplified and amplified live entertainment. The proposed ordinance removes the extra section and instead includes two use types directly in the Allowed Use Tables (Live Entertainment, Unamplified and Live Entertainment, Amplified). This revision also includes the addition of an Incidental Use category within the Residential Allowed Use Table.

 Group Instruction and Health and Fitness Facility: Currently, a user must consult a separate section of the BMC for permit requirements related to the size and location of Gym/Health Club/Fitness uses. The proposed ordinance removes the extra section and instead includes size-based distinctions in the Allowed Use Tables (Group Instruction, Under 3,000 sq. ft.; Group Instruction, 3,000 sq. ft. or larger; Health and Fitness Facility, Under 7,500 sq. ft.; and Health and Fitness Facility, 7,500 sq. ft. or larger).

5. Technical Changes. The proposed zoning amendments also include five technical amendments: two related to t
he C-SA zoning district, one that corrects
use category titles, and two related to restaurant uses.

 C- SA District:

1. With the adoption of the Adeline Corridor Specific Plan, a number of parcels that were previously included in the C-SA zoning district were rezoned to C-AC. Section 23.204.100 (C-SA zoning district) still includes provisions that pertain only to those formerly C-SA parcels. The proposed zoning amendments include the removal of those provisions from the C-SA zoning district regulations.

2. The C-SA zoning district includes two different building height standards, which are applied to parcels based on their location.

Currently, there are parcels that are zoned C-SA that do not have a building height standard assigned to them. The proposed zoning amendments include revisions to the C-SA Maximum Building Heights Table and accompanying map to provide a building height standard for all C-SA zoned parcels.
 Use Category Titles: Section 12 of Attachment 1 includes the correct use category titles for Retail Uses, Person and Housing Services Uses and Food and Alcohol Service, Lodging, Entertainment and Assembly Uses.
 Restaurant Uses: As a result of previous amendments, there are no longer any regulations that pertain to Carry Out Food Stores, Quick Service Restaurants and Full-Service Restaurants. To eliminate confusion, the proposed zoning amendments include removal of the definitions for these restaurant types from the Glossary and a reference in another section.

Existing Land Uses and the Proposed Zoning Ordinance Amendments

As a result of some of the proposed zoning ordinance amendments, there may be existing uses that, either as a result of previous zoning regulations or specific conditions of approval, would be subject to more restrictive regulations than new uses in the same zoning district that would be established after the adoption of the proposed zoning amendments.

For example, currently in the C-U zoning district, commercial hours of operation end at midnight. Accordingly, an existing business’ approval was premised on ending business at midnight. Under the proposed zoning changes, however, commercial hours of operation in the C-U zoning district would end at 2:00 a.m. A new business would therefore be allowed to operate two hours longer than an existing business. Currently, adjusting the existing business’ commercial hours of operation would require a permit modification (BMC 23.404.070), which requires a public hearing.

The revised ordinance includes new language in three sections to modify the process for modifying an existing land use approval to be consistent with the new regulations included in the proposed ordinance. In each case, an AUP is required to modify an approval, which includes public notice and an option to appeal an initial decision, as well as providing the city an opportunity to include conditions of approval, if necessary.

Authorization to modify existing approvals with an AUP is found in the proposed ordinance’s revised language for Hours of Operation (BMC 23.302.020(B); Section 13 of Attachment 1); General Requirements for Alcohol Beverage Sale and Service (BMC

23.301.020(B); Section 17 of Attachment 1); and regulations regarding Alcoholic Beverage Service When Incidental to Food Service (BMC 23.302.030(A); Section 18 of Attachment 1).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IM
PACTS
Environmental Review Status
The proposed ordinance includes revisions to permit and other requirements for specified land uses to encourage economic development. It does not include allowing any uses currently not permitted that would be anticipated to have a significant effect on the environment.

California Public Resource Code Section 21065 defines a “project” under CEQA as “an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed ordinance includes revisions to permit and other requirements for specified land uses to encourage economic development. It does not include allowing any uses currently not permitted that would be anticipated to have a significant effect on the environment. The proposed ordinance does not consist of a discretionary action that would permit or

cause any direct or indirect change in the environment. The proposed ordinance is therefore not a project under CEQA, and further environmental review is not required.

RATIONALE FOR RECOMMENDATION
The proposed zoning amendments aim to provide a more straightforward, cost- effective, and efficient process for businesses in their establishment or expansion phases. As noted in the June 7, 2023 Planning Commission report, OED staff consulted with business services personnel, small business proprietors and operators, as well as the Community Services Bureau of the Berkeley Police Department, along with code enforcement staff from the Zoning, Neighborhood Services, and Environmental Health Divisions. This collaborative effort enabled the identification of enhancements in processes and implementations that align with Council referrals.

At its June 7, 2023 meeting, the Planning Commission expressed support for the proposed zoning amendments' general direction. Consequently, a Subcommittee was convened to offer further analysis and a detailed review of the proposed ordinance. The Subcommittee conducted that review and suggested a select number of changes that have been incorporated into the proposed ordinance.

ALTERNATIVE ACTIONS CONSIDERED
As noted above, the June 7, 2023 Planning Commission report included a set of recommendations and alternative suggestions for a number of the proposed policy changes, including different permit requirements, differently-worded definitions and alternative approaches to formatting and organization.

NEXT STEPS
Upon a recommendation from the Planning Commission, the City Council will conduct a public hearing on the proposed ordinance. The proposed zoning amendments would be effective 30 days after the second reading of the ordinance by the City Council.

CONTACT PERSON
Kieron Slaughter, Chief Strategist, Economic Innovation, Office of Economic Development, 510-981-2490

Justin Horner, Associate Planner, Planning and Development Department, 510-981- 7476
Attachments:

1. Ordinance

2. June 7, 2023 Planning Commission report and attachments

3. Public Hearing Notice
Referenced Council Referrals:

1. Referral Response: Modifications to the Zoning Ordinance to Support Small Businesses (City Manager Williams-Ridley, 12/4/18)

2. Referral Response: Modifications to the Zoning Ordinance to Support Small Businesses (City Manager Williams-Ridley, 10/15/19)

ATTACHMENT 3
ORDINANCE NO. -N.S.

AMENDMENTS TO THE RESIDENTIAL DISTRICT CHAPTER (BMC 23.202), COMMERCIAL DISTRICT CHAPTER (BMC 23.204), MANUFACTURING DISTRICT CHAPTER (BMC 23.206), SUPPLEMENTAL USE REGULATIONS CHAPTER (BMC

23.302), ALCOHOLIC BEVERAGE SALES AND SERVICE CHAPTER (BMC 23.310),

NONCONFORMING USES, STRUCTURES AND BUILDINGS CHAPTER (BMC

23.324) AND THE GLOSSARY CHAPTER (BMC 23.502) TO SUPPORT BERKELEY

BUSINESSES
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the lines named “Alcoholic Beverage Service,” “Food Service Establishment” “Group Class Instruction,” and “Gym/Health Club” in Table 23.202-1 Allowed Land Uses in Residential Districts, within Berkeley Municipal Code 23.202.020 are amended, and lines named “Food Service Establishment, Under 3,000 sq. ft.,” “Food Service Establishment, 3,000 sq. ft. or larger,” and a new Incidental Use use category with “Live Entertainment, Unamplified” and “Live Entertainment, Amplified” are added, to read:

Table 23.202‑1: Allowed Land Uses in Residential Districts

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations
Apply
**--Required permits for
specific uses are set forth in
the R-BMU Master
Development Permit
(MDP).See 23.202.150.A
and 23.202.150.D
R-1 R-
1A
ES-
R R-2 R-
2A R-3 R-4 R-5 R-S R-
SMU
R-
BM
U**

USE-SPECIFIC

REGULATIONS

APPLIES TO USES

WITH AN ASTERISK

FOLLOWING THE
PERMIT
REQUIREMENT (E.G.,
ZC*)
Alcoholic Beverage
Service NP NP NP NP NP NP NP NP NP
UP(P
H)*
ZC*
UP(P
H)*

23.310—Alcoholic
Beverage Sales and
Service
Food Service
Establishment NP NP NP NP NP NP NP NP NP UP(P
H)*
UP(P
H)*

23.302.070.E– Use-
Specific Regulations
Food Service
Establishment, Under
3,000 sq. ft.

NP NP NP NP NP NP NP NP NP ZC* ZC* 23.302.070(E) – Use- Specific Regulations
Food Service
Establishment, 3,000 sq.
ft. or larger
NP NP NP NP NP NP NP NP NP AUP* AUP* 23.302.070(E) – Use- Specific Regulations
Group Class Instruction NP NP NP NP NP NP NP NP NP NP UP(P H)*

23.202.150.(C)
R-BMU Residential
BART Mixed Use
District
Gym/Health and Fitness
FacilityClub NP NP NP NP NP NP NP NP NP NP UP(P
H)*

23.202.150.(C)
R-BMU Residential
BART Mixed Use
District
Incidental Uses
Commented [HJ1]: 1. Group Class Instruction

9. Live Entertainment

11. Food Service Establishments 3,000 sq. ft. or less

2 Live Entertainment,
Unamplified NP NP NP NP NP NP NP NP NP ZC NP
Live Entertainment,
Amplified NP NP NP NP NP NP NP NP NP AUP NP
Section 2. That Berkeley Municipal Code 23.202.150(C)(2) is amended to read:

2. Group Class Instruction and Gym/Health Cluband Fitness Facility. Group class instruction and gym/health club and fitness facility uses are permitted at the Ashby BART station with a Zoning Certificate. Group class instruction and gym/health club and fitness facility uses are permitted at the North Berkeley BART station with a Use Permit.

Section 3. That the lines named “Family Day Care Home, Large,” “Family Day Care Home, Small,” “Alcoholic Beverage Retail Sale,” “Pet Store,” “Retail General,” “Personal and Household Services, General, “Laundromats and Cleaners,” “Video Tape/Disk Rental,” “Business Support Services,” “Bank and Financial Services, Retail,” “Insurance Agents, Title Companies, Real Estate Agents, Travel Agents,” “Medical Practitioners,” “Non-Chartered Financial Institutions,” “Office, Business and Professional,” “Bar/Cocktail Lounge/Tavern,” “Dance/Exercise/Martial Arts/Music Studio,“ Food Service Establishment,” “Gym/Health Club,” “Alternative Fuel Station,” “Large Vehicle Sales and Rental,” “Small Vehicle Sales and Rental,” “Vehicle Parts Store,” “Vehicle Rentals,” “Vehicle Repair and Service,” “Vehicle Sales, New,” “Vehicle Sales, Used,” “Cannabis Testing,” “Light Manufacturing,” “Wholesale Trade,” “Food and Beverage for Immediate Consumption,” “Food Service Establishment,” “Live Entertainment,” “Retail Sale of Goods Manufactured On-Site,” “Art/Craft Studio,” “Public Market, Enclosed” and the Notes in Table 23.204-1 Allowed Uses in the Commercial Districts, within Berkeley Municipal Code 23.204.020, are amended, and lines named “Group Instruction, 3,000 sq. ft. or larger,“ Food Service Establishment, Under 3,000 sq. ft.” “Food Service Establishment, 3,000 sq. ft. or larger” “Health and Fitness Facility, Under 7,500 sq. ft,” “Health and Fitness Facility, 7,500 sq. ft.” “Live Entertainment, Unamplified,” and “Live Entertainment, Amplified,” are added, to read:

Table 23.204-1 Allowed Uses in the Commercial Districts

COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
Family Day Care Home,
Large ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Commented [HJ2]: 1. Group Class Instruction
Commented [HJ3]: 1. Group Class Instruction

3. Stand-Alone Beer and Wine

6. Change of Use

8. Office, Business & Professional. Art/Craft Studio, Pet Store

9. Live Entertainment

11. Food Service Establishments 3,000 sq. ft. or less
TECHNICAL CHANGE related to Family Day Care Homes

3 COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
Family Day Care, Small ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC Alcoholic Beverage Retail
Sale
UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)* NP UP(
PH)*
UP(
PH)*
UP(
PH)*
UP(
PH)*

23.204.060.B.2

23.310
Pet Store
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
AUP
UP(
PH)
ZC
[3]
AUP
UP(
PH)
Retail, General
ZC
[1]
ZC
[1]
ZC*
[2]
ZC*
[2]
ZC*
[2]
ZC*
[1]
ZC* ZC*
[2]
ZC ZC*
[3]
ZC* 23.204.040.(C) E
(for department
stores)

23.204.040(D).F
(for drug stores)
Personal and Household
Services, General
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1]
ZC ZC
[2]
ZC ZC
[5]
ZC
Laundromats and
Cleaners AUP AUP UP(
PH)
UP(
PH)
UP(

PH) AUP AUP UP(
PH)
UP(
PH)
AUP
[4] AUP
Video Tape/Disk Rental ZC
[1]
ZC
[1]
ZC
[2] AUP ZC
[2] -- ZC ZC
[2] ZC ZC
[5] NP
Business Support Services ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1] ZC* ZC
[2] ZC ZC
[5]
ZC
[6]

23.204.110.(B).6(
4)
Bank and Financial
Services, Retail AUP AUP UP(
PH)
UP(
PH)
UP(
PH)
ZC
[1]
AUP
*
UP(
PH) ZC* AUP ZC

23.204.110.(B.)(6
4);

23.204.130.(B).(6
);

23.204.130.(D.)(3
)
Insurance Agents, Title
Companies, Real Estate
Agents, Travel Agents
ZC
[1]
ZC
[1]
ZC*
[2]
ZC*
[2]
ZC*
[2]
ZC
[1] ZC* ZC*
[2] ZC* ZC
[5]
ZC
[6]

23.204.040.D(B);

23.204.110.(B).6(
4);

23.204.130.(D).(3
)
Medical Practitioners ZC
[1]
ZC
[1] AUP NP UP(
PH)
ZC
[1]
AUP
*
UP(
PH) ZC* ZC
[5]
ZC
[6]

23.204.040.D(B);

23.204.110.(B).6(
4);

23.204.130.D.3
Non-Chartered Financial
Institutions
UP(
PH)*
UP(
PH)* NP NP NP UP(
PH)*
UP(
PH)* NP NP UP(
PH)*
UP(
PH)

23.302.070.F

23.204.110.B.64
Office, Business and
Professional
ZC
[1]
ZC
[1]

AUP
*

AUP
*

AUP
ZC*
ZC
[1]

AUP
ZC*

AUP
*
ZC* ZC
[5]
ZC
[6]

23.204.040.B;

23.204.110.B.64;

23.204.130.D.3
Bar/Cocktail
Lounge/Tavern/Tap
Room/Wine Tasting
UP(
PH)
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*
--
AUP
*
NPA
UP*
UP(
PH)
AUP
*
UP(
PH)
AUP
*
NP
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*
UP(
PH)
AUP
*

23.204.100.B.3

23.204.110.B.2;

23.310
Dance/Exercise/Martial
Arts/Music Studio
ZC
[1]
ZC
[1]
ZC
[2]

AUP

AUP
[4]
ZC
[1] ZC AUP ZC ZC
[7] ZC
Food Service
Establishment, under ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.302.070.E

4 COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
3,000 sq. ft.

Food Service
Establishment, 3,000 sq. ft.
or larger
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
* 23.302.070.E
Group Class Instruction,
Under 3,000 sq. ft.

ZC
[1]
ZC
[1]
AUP
ZC
AUP
ZC
AUP
ZC
ZC
[1]
ZC AUP
ZC
ZC ZC ZC 23.204.040.B
Group Instruction,
3,000 sq. ft. or larger ZC ZC AUP AUP ZC ZC ZC AUP ZC ZC ZC Health and Fitness Facility,
Under 7,500 sq. ft ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Health and Fitness Facility,
7,500 sq. ft. or larger ZC ZC AUP AUP ZC ZC ZC AUP ZC ZC ZC Gym/Health Club See 23.204.040.C
Alternative Fuel Station UP(
PH)
UP(
PH)
UP(

PH) NP UP(
PH)
UP(
PH) NP* UP(

PH) NP AUP
*
UP(
PH)

23.204.110.(B).4(
2)

23.204.140.(B).(3
)
Large Vehicle Sales and
Rental AUP NP NP NP NP NP NP NP NP AUP
* [81] NP 23.204.140.(B).(3
)
Small Vehicle Sales and
Service AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
UP(
PH)* NP

23.204.100.(B).5(
3);

23.204.140.(B).(3
)
Vehicle Parts Store ZC
[1] NP ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1] ZC ZC
[2] NP AUP
* [81] ZC
Vehicle Rentals AUP NP NP NP NP NP NP NP UP(
PH)
AUP
* [81] NP 23.204.140.(B).(3
)
Vehicle Repair and Service AUP NP NP NP NP NP NP NP NP AUP * [81] NP
Vehicle Sales, New AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
AUP
* [81] NP 23.204.140.(B).(3
)
Vehicle Sales, Used AUP NP NP NP NP UP(
PH)* NP NP UP(
PH)
UP(
PH)* NP

23.204.100.(B).5(
3);

23.204.140.(B).(3
);

23.204.140.(D).(4
)
Cannabis Testing AUP AUP NP NP NP NP NP NP AUP AUP
[81] NP
Light Manufacturing – – – – – – – – AUP
[81] --
Wholesale Trade – – – – -- – – – – AUP
[81] --
Incidental Uses
Food and Beverage for
Immediate Consumption ZC ZC

AUP
ZC

UP(
PH)
ZC
UP(
PH)
ZC
ZC

AUP
ZC
UP(
PH)
ZC

ZC ZC ZC
Commented [HJ4]: Instead of using a table in section

23.204.040, we made new land uses here, for ease of use.

5 COMMERCIAL DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-SA C-T C-
SO
C-

DMU C-W C-
AC
USE-

SPECIFIC

REGULATI
ONS
Food Service
Establishment See 23.302.070.E
Food Service
Establishment, Under
3,000 sq. ft.

ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.310.030
Food Service
Establishment, 3,000 sq. ft.
or larger
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
*
AUP
* 23.310.030
Live Entertainment,
Unamplified ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Live Entertainment,
Amplified AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP
Live Entertainment See 23.302.070.E
Retail Sale of Goods
Manufactured On-Site
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1] ZC ZC
[2] ZC

AUP
ZC
ZC
Art/Craft Studio AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
AUP
ZC
ZC
[6]
Public Market, Enclosed AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP [92] AUP
Notes:
[1] Change of use of floor area over 3,000 square feet requires an AUP. [2] Change of use of floor area over 2,000 square feet requires an AUP. [3] Requires an AUP for uses 3,500 sq. ft. to 7,500 square feet. Requires a Use Permit for uses more than 7,500 sq. ft. [4] Requires a Use Permit if 5,000 sq. ft. or more.
[5] Requires an AUP for uses 3,000 sq. ft. to 5,000 square feet. Requires a Use Permit for uses more than 5,000 sq. ft. [6] Requires an AUP for uses 2,500 sq. ft. or greater or 50 ft. wide or greater on Shattuck, between Ward and Russell; Adeline between Russell and the City boundary; on Ashby, east of Adeline; or on the north side of Ashby, west of Adeline. [7] Requires a Use Permit if 7,500 square feet or more. [8][1] Require a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area. [9][2]Requires a Use Permit if more than 10,000 sq. ft.

Section 4. That Berkeley Municipal Code 23.204.040(B) through (F) be amended, to read:

B. Group Class Instruction.

1. C-NS and C-DMU Districts. When group class instruction in the C-NS or C- DMU districts are located on the ground floor adjacent to a street frontage, Commented [HJ5]: Instead of using a table in section

23.302.070, we made new land uses here, for ease of use.

Commented [HJ6]: 1. Group Class Instruction

6. Change of Use

6 storefront windows must include a window display or to be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

2. C-NS District. Group class instruction uses in the C-NS may not exceed 2,500 square feet.

3. C-T District. Group class instruction uses in the C-T district are not permitted on the ground floor.

C. Gyms and Health Clubs

1. Permits Required. Table 23.204-5: Gym and Health Club Permit Requirements shows permits required for gyms and health clubs in the Commercial Districts.

Table 23.204-5: Gym/Health Club/Fitness Studio Permit Requirements DISTRICT/USE SIZE PERMIT REQUIRED [1]

C-C, C-U, C-DMU
Under 7,500 sq. ft ZC
7,500 sq. ft. and greater AUP

C-N, C-E, C-NS, C-SO AUP

C-SA, C-T, C-AC ZC
C-W
Under 7,500 sq. ft ZC
7,500 sq. ft. and greater UP(PH)
Note:
[1] Change of use permit requirements as described in Section 23.204.030.A – Additional Permit Requirements (Change of Use) also apply. In the C-C, C-U, and C-SA districts, a change of use of gross floor area over 3,000 square feet requires an AUP. In the C-N, C-E, C-NS, and C-SO districts, a change of use of gross floor area over 2,000 square feet requires an AUP.

2. C-DMU District. When located on the ground floor adjacent to a street frontage, storefront windows for a gym and health club in the C-DMU district must include a window display or to be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

Commented [HJ7]: Created new use (Health and Fitness
Facility) and moved permit requirements to Commercial
Allowed Uses Table (Section 3, above), so we can get rid of this table. New definition in Glossary, below (Section 25)

7 DB. Transparency Requirement for Office Uses. When office uses shown in Table

23.204-6: Office Uses Subject to Transparency Requirement are located on the ground floor adjacent to a street frontage, storefront windows shall either:

1. Include a storefront window display; or

2. Be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

Table 23.204-6: Office Uses Subject to Transparency Requirement

OFFICE USE DISTRICT
Insurance Agents, Title Companies, Real
Estate Agents, Travel Agents CN, C-E, C-NS, CT, C-SO, C-DMU Medical Practitioners C-T
Office, Business and Professional CN, C-E, C-NS, C-T, C-SO, C-DMU EC. Department Stores. Table 23.204-7: Department Store Permit Requirements shows permits required for department stores in the Commercial Districts.

Table 23.204-7: Department Store Permit Requirements
DISTRICT/USE SIZE PERMIT REQUIRED [1]

C-SA, C-T
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. AUP

C-E, C-NS, C-SO
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. Not Permitted
C-N
3,000 sq. ft. or less AUP
Over 3,000 sq. ft. Not Permitted

C-C, C-U ZC
C-AC
3,000 sq. ft. or less ZC
Over 3,000 sq. ft. UP(PH)AUP
Note:
[1] Change of use permit requirements as described in Section 23.204.030.A Additional

8 Permit Requirements (Change of Use) also apply. In the C-C, C-U, and C-SA districts, a change of use of gross floor area over 3,000 square feet requires an AUP. In the C-N, C-E, C-NS, and C-SO districts, a change of use of gross floor area over 2,000 square feet requires an AUP.

FD. Drugstores. The following requirements apply to drugstores in the C-N, CE, C-NS, and C-SO districts.

1. Where Prohibited. A new or expanded drugstore is not permitted if it is:
a. Over 5,000 square feet in gross floor area; and
b. Within 1,000 feet of any property containing an existing drugstore.

2. Measurement of Distance. Distances between drugstores are measured by a straight line from the nearest point of the property line of the parcel on which the drugstore is proposed to the nearest point of the lot line of the lot on which the nearest drugstore is located.

Section 5. That Berkeley Municipal Code 23.204.080(B)(2) be amended to read:

2. Numerical and Size Limitations.
a. Table 23.204-20 shows land uses subject to numerical and size limitations in the C-E district.

TABLE 23.204-20: C-E LAND USE NUMBER AND SIZE LIMITATIONS

USE NUMBER LIMIT MAXIMUM
SIZE
PERMIT

REQUIRED
Art/Craft Shops, Gift/Novelty Shops,
Jewelry/Watch Shops No limit 1,500 sq. ft. ZC
Bookstores, Periodical Stands No limit 2,000 sq. ft. ZC Food Service Establishments [1] 25 total No max. AUP
Photocopy Stores, Printing, Fax,
Magnetic Disk Reproduction Services No limit 1,000 sq. ft. ZC Notes:
[1] Excludes food service uses accessory to a food product store. Secondary food service uses associated with all other principal uses are subject to limitations in Table 23.204-20.

Change of use of over 3,000 square feet requires Use Permit Commented [HJ8]: 12. Food Service Establishment Quota
(C-E)

9 b. The ZAB may allow a use to exceed the limitations in Table 23.204-20 with a Use Permit upon finding that:
i. The use will result in the positive enhancement of the purposes of the district; and
ii. The use is likely to experience substantial patronage by surrounding residents as indicated by neighborhood resident support, merchant support, marketing surveys, or other information.

Section 6. That Berkeley Municipal Code 23.204.100(B) be amended to read:

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts

2. Alcoholic Beverage Retail Sales. The sale and service of distilled alcoholic beverages (hard liquor) is not permitted along Adeline Street, south of Ashby Avenue, except that such service is allowed when incidental to meals at full- service restaurants in accordance with Section 23.310—Alcoholic Beverage Sales and Service.

3. Bar/Cocktail Lounge/Tavern. Service of distilled alcoholic beverages is allowed along Adeline Street south of Ashby Avenue only when incidental to seated food service.
42 Mixed-Use Permits Required.
a. Zoning Certificate. A mixed-use project is allowed with a Zoning Certificate if the project:
i. Complies with all applicable standards in Table 23.204-27, Table

23.204-28, and Table 23.204-29;
ii. Includes only residential uses above the ground floor; and iii. Is less than 5,000 square feet in gross floor area, including any existing floor area incorporated into the project.
b. Use Permit. If a mixed-use project does not meet the criteria for approval with a Zoning Certificate as provided above, the project requires a Use Permit and is subject to the findings in Section 23.204.100.(E)– C-SA South Area Commercial District (Permit Findings).

53. Vehicle Sales.
a. Applicability.

Commented [HJ9]: TECHNICAL CHANGE to C-SA:
many C-SA parcels were rezoned to C-AC when the Adeline Plan was adopted. Due to that rezoning, there are no longer areas within the C-SA zoning district that meet these
conditions (there are now all C-AC).

10 i. In the C-SA district, small vehicle service is not permitted. Small vehicle sales that are exclusively indoor operations are permitted with a Zoning Certificate. Otherwise, a Use Permit is required.
ii. All new or relocated vehicle sales in the C-SA district shall be exclusively indoor operations with no outdoor activities and shall comply with the requirements of this subsection.
iii. Expansions or modifications of existing vehicle sales are:

1. Encouraged to comply with standards in Paragraph c (Standards) below where feasible; and

2. Shall not increase or exacerbate a non-conformity with these standards.
b. Standards.
i. Street Frontage. Outdoor vehicle display is permitted only along Shattuck Avenue and Adeline Street and is limited to 30 percent of the lot frontage on those streets.
ii. Area for Outdoor Uses. A maximum of 40 percent of the lot area may be used for outdoor uses, including but not limited to vehicle display and storage. Adequate landscaping and/or fencing shall be used to filter the view of outdoor uses from the adjacent right-of-way and abutting properties, with the exception of outdoor vehicle display; iii. Service Entries. Vehicle and repair service entries may not exceed 20 percent of the primary lot frontage, no entrance may exceed a width of 20 feet. The primary street frontage is the frontage towards which the primary building entrance is oriented.
iv. Transparency. At least 60 percent of any new building shall be within 10 feet of the right-of-way along the primary street frontage and 60 percent of the street-facing facade shall be comprised of clear glass. v. Repair Activities. All vehicle repair activities shall be conducted indoors.
vi. Noise. All noise-generating equipment and activities, such as vehicle repair, shall be shielded by noise-attenuating materials. Outdoor amplification is not permitted.
vii. Lighting. Exterior light standards and fixtures shall not be taller than 20 feet, shall achieve uniform light coverage and minimize glare, shall use light cutoffs to control light spillover onto adjacent properties and urban sky glow, and shall use low energy light fixtures consistent with the City’s goals for energy efficiency.

11 vii. Vehicle Storage. No vehicles shall be stored in the public right-of-way. c. Modification of Standards. The Zoning Officer may allow modification to standards in Paragraph c (Standards) above with an AUP upon finding that the modification:
i. Is necessary to facilitate incorporation of an existing structure; ii. Achieve greater consistency with the surrounding street pattern; iii. Buffers impacts to an adjacent residential district; or iv. Is needed to accommodate dealership operations.

Section 7. That Table 23.204-28 C-SA Maximum Building Heights and Figure

23.204-3 C-SA Building Height Sub-Areas be amended to read:

Table 23.204-28. C-SA Maximum Building Heights
Maximum Height
Building Land Use Subarea 1One Subarea 2All other
parcels
Non-Residential Uses 36 ft and 3 stories 24 ft and 2 stories Mixed Use and Residential
Only
60 ft and 5 stories [1] 36 ft and 3 stories
[1]
[1] In mixed-use buildings, the third story and above must be used for residential purposes entirely.

Commented [HJ10]: TECHNICAL CHANGE to C-SA:

Some C-SA parcels are not included in the C-SA Maximum
Building Heights Table

12 Figure 23.204-3. C-SA Building Height Sub-Areasarea One

13 Section 8. That Berkeley Municipal Code 23.204.110(B) be amended to read:

B. Allowed Land Uses.

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Bar/Cocktail Lounge/Taverns. Service of distilled alcoholic beverages in the C-T district is allowed only when incidental to seated food service.

3. Drug Paraphrenalia Stores. Any use involving the sale or distribution of drug paraphrenalia is not permitted in the C-T district.

42. Fuel Stations. Alternative fuel and gasoline stations are allowed with Use Permit when located in a parking structure.

53. Residential Use, Ground Floor. Residential uses are permitted on the ground floor where located behind a commercial use. The ground floor commercial use most meet the following standards:
a. Occupy a minimum 30-foot depth of the ground floor, as measured from the ground floor street frontage, and
b. Occupy the full extent of the building frontage, excluding required utilities, driveways, pedestrian access and residential lobby.

64. Office Uses.
a. Table 23.204-31 shows permits required for office uses in the C-T district.

TABLE 23.204-31: C-T OFFICE PERMIT REQUIREMENTS
Permit Required
Building Location First and Second Story Above Second Story Adjacent to Bancroft
Way AUP
Not adjacent to
Bancroft Way
As required by
Table 23.204-1
UP(PH)
b. When office uses are located on the ground floor adjacent to street frontage, the storefront windows must either:
i. Include a window display; or
Commented [HJ11]: 10. Seated Food Service Requirement

14. Drug Paraphernalia in C-T District

14 ii. Be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

75. Upper Story Uses.
a. Floor area above the ground floor may be occupied only by a residential or office uses.
b. A commercial use that is an integral part of a ground floor establishment is permitted on the second story if the use:
i. Has no entrances or exits, other than required fire exits, outside of the ground floor space; and
ii. Does not exceed the ground-floor area of the use.

Section 9. That Berkeley Municipal Code 23.204.120(A)(2)(e) be amended to read:
e. Encourage location of late nightlate-night commerce in appropriate areas in Berkeley, such as the downtown area, and allow businesses to address demand for late night service on Solano Avenue by establishing a 11:00 p.m12:00 midnight. closing time for businesses on Solano Avenue; and Section 10. That Berkeley Municipal Code 23.204.130(D)(3) be amended to read:

3. Use Limitations; Findings. Food service establishments and offices Offices on the ground floor adjacent to a street frontage require an AUP. To approve the AUP, the Zoning Officer must find that
a. The project meets the purposes of the Arts Overlay District as set forth above; and
b. The location, size, type, appearance, and signage of the proposed use will:
i. Animate and enhance the pedestrian experience on the street; and ii. Be generally open to the public evenings and on weekends, whenever practicable.

Section 11. That Berkeley Municipal Code 23.204.130(E)(7)(a)(iv) be amended to read:
iv. Gym/Health and Fitness Facility Club
Commented [HJ12]: 5. Hours of Operation
Commented [HJ13]: 11. Food Service Establishments
3,000 sq. ft. or less
Commented [HJ14]: 1. Group Class Instruction

15 Section 12. That Berkeley Municipal Code 23.204.150(B)(3)(b) be amended to read:
b. Active Commercial Uses Defined. Active Commercial uses are commercial uses which generate regular and frequent foot traffic. Uses include businesses in the following use categories: Retail Retail Uses Sales; Personal and Household Services Uses; Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses; and the following uses: Banks and Financial Services, Retail;, and Vehicle Parts Stores.

Section 13. That the lines named “Family Day Care Home, Large,” “Family Day Cre Home, Small,” “Bar/Cocktail Lounge/Tavern,” “Dance/Exercise/Martial Arts/Music Studio, “Food Service Establishment,” “Group Class Instruction,” “Gym/Health Club,” and “Food and Beverage for Immediate Consumption,” in Table 23.206-1 Allowed Uses in Manufacturing Districts, within Berkeley Municipal Code 23.206.020, are amended, and lines named “Food Service Establishment, Under 5,000 sq. ft.” “Food Service Establishment, 5,000 sq. ft. or larger,” “Food Service Establishment, Under 20,000 sq. ft.” “Food Service Establishment, 20,000 sq. ft. or larger” “Live Entertainment, Unamplified” and :Live Entertainment, Amplified” are added, to read:

TABLE 23.206-1: ALLOWED LAND USES IN MANUFACTURING DISTRICTS

MANUFACTURING DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an asterisk
following the permit requirement
(e.g., ZC*)
Family Day Care Home, Large NP NP ZC* AUP* 23.206.040.C Family Day Care Home, Small NP NP ZC* ZC* 23.206.040.C
Bar/Cocktail Lounge/Tavern/Tap
Room/Wine Tasting
NP NP NP See 23.306
Dance/Exercise/Martial Arts/Music
Studio

NP NP -- UP(PH)
Food Service Establishment See 23.302.070.E
Food Service Establishment,
Under 5,000 sq. ft
-- -- AUP* AUP* 23.302.070(E)
Food Service Establishment,
5,000 sq. ft. larger
-- -- UP(PH)* UP(PH)* 23.302.070(E)
Group Class Instruction NPZC NPZC __ UP(PH)ZC
Commented [HJ15]: TECHNICAL CHANGE to
correct proper use category titles.

Commented [HJ16]: 1. Group Class Instruction

3. Stand-Alone Beer and Wine

9. Live Entertainment

13. Incidental Food Service Requirements
XX. Technical change for Family Day Care Home

16 MANUFACTURING DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an asterisk
following the permit requirement
(e.g., ZC*)
Gym/Health and Fitness Facility
Club

NP NP -- NP
Incidental Uses
Food and Beverage for Immediate
Consumption
-- AUP [2] -- --
Food Service Establishment AUP [2] -- AUP [2] AUP
Food Service Establishment,
Under 20,000 sq. ft
AUP* AUP* AUP* AUP* 23.302.070(E)
Food Service Establishment,
20,000 sq. ft. larger
NP AUP* NP AUP* 23.302.070(E)
Live Entertainment NP NP UP(PH)* UP(PH)* 23.302.020(D)
Live Entertainment, Unamplified NP NP ZC ZC
Live Entertainment, Amplified NP NP AUP AUP
Section 14. That Berkeley Municipal Code 23.302.020(B) be amended to read:

B. Hours of Operation.

1. Allowed Hours. Table 23.302-1: Allowed Hours of Operation shows allowed hours of operation for commercial uses in the commercial districts and the MU-R district, unless otherwise restricted by an existing permit.

2. Hours of Operation Defined.
a. For retail or customer-serving office commercial uses, hours of operation are those times that the business is open to customer access. b. For food service establishments, hours of operation include the time that the business is open for customer access to the departure of the last patron.

These limitations do not apply to:
i. The delivery, maintenance, security, product preparation and other pre-opening activities, and
Commented [HJ17]: Instead of using a table in section

23.302.070, we made two new land uses here, for ease of use.

Cutting the reference and the table simplifies the code.

Commented [HJ18]: 5. Hours of Operation
Commented [HJ19]: Not new language; existing language
that has been relocated

17 ii. Cleanup, shutdown, and other post-closure activities which do not involve presence of customers.
a. For other commercial and manufacturing uses which do not involve customer access, hours of operation are those times that employees are present who are engaged in non-maintenance or security activities.
c.

2.3. Exceptions. The City may allow extended hours of operations with the approval of a permit as shown in Table 23.302-1. If more restrictive hours of operation than what is permitted in Table 23.302-1 are imposed as a condition of approval on an existing AUP or UP, the hours may be modified within the district's current limits with approval of an AUP regardless of the original review authority.

Table 23.302-1: Allowed Hours of Operation

DISTRICT ALLOWED HOURS OF OPERATION
PERMIT

REQUIRED TO

EXTEND HOURS

C-C, C-U, C-NS, C-AC,
C-W nodes
7:00 a.m. – 12:00 midnight
6:00 a.m. – 2:00 a.m. AUP

C-N, C-E, C-NS, C-SO,
C-SA, C-W outside
nodes, MU-R
7:00 a.m. – 11:00 p.m.
6:00 a.m. – 12:00 midnight UPAUP
C-W nodes 6:00 a.m. – 12:00 midnight with Zoning
Certificate UP
C-SA
7:00 a.m. – 12:00 midnight Sundays
through Thursdays
7:00 a.m. – 12:00 Fridays and Saturday UP
C-AC
7:00 a.m. – 12:00 midnight Sundays
through Thursdays
7:00 a.m. – 2:00 a.m. Fridays and Saturday
UP
C-T, C-DMU between
Bancroft Way and the
north side of Dwight
Way
24 hours per day 7 days a week N/A
C-T between the south
side of Dwight Way and
Parker Street
7:00 a.m. – 12:00 midnight AUP
C-DMU 6:00 a.m. and 2:00 a.m. AUP
MU-R 6:00 a.m. and 10:00 p.m. AUP

18 24. Alcohol Sales in C-T District. A Use Permit is required in the C-T district for a business selling alcohol for off-site consumption to remain open past midnight. The Use Permit may be approved only if the business’s ABC license does not require sales of alcohol for off-site consumption to cease by midnight. The Zoning Adjustments Board (ZAB) may approve the Use Permit only upon finding that the extended hours will not generate excessive noise, traffic or parking problems affecting the well-being of the residents of the district.

3. C-T District Findings. The Zoning Officer may approve an AUP to extend hours of operation in the C-T district upon finding that the extended hours will not generate excessive noise, traffic, or parking problems affecting the well-being of the residents of the district.

4. Hours of Operation Defined.
a. For retail or customer-serving office commercial uses, hours of operation are those times that the business is open to customer access. b. For food service establishments, hours of operation include the time that the business is open for customer access to the departure of the last patron.

These limitations do not apply to:
i. The delivery, maintenance, security, product preparation and other pre- opening activities, and
ii. Cleanup, shutdown, and other post-closure activities which do not involve presence of customers.

For other commercial and manufacturing uses which do not involve customer access, hours of operation are those times that employees are present who are engaged in non-maintenance or security activities.

Section 15. That Berkeley Municipal Code 23.302.020(D) be removed and that Berkeley Municipal Code 23.302.020(E) be amended to read:

D. Live Entertainment -- Permits Required. Live entertainment incidental to a permitted use is allowed as shown in Table 23.302-2.

Table 23.302-2: Permit Requirements for Live Entertainment

PERMIT REQUIRED

ZONES AMPLIFIED UNAMPLIFIED

C-C, C-U, C-SA, C-T, C-SO, C-DMU, C-AC AUP ZC

C-N, C-NS, C-W UP(PH) ZC
Commented [HJ20]: This definition is moved up to the
beginning of the section
Commented [HJ21]: 9. Live Entertainment.

Commented [HJ22]: Permit levels now moved to
Commercial and Manufacturing Use Tables (one row for each of amplified and unamplified)

19 PERMIT REQUIRED

ZONES AMPLIFIED UNAMPLIFIED
C-E Not Permitted ZC
M, MM Not Permitted Not Permitted

MU-LI, MU-R UP(PH) UP(PH)

1. Allowed Activities.
a. In the S-O district, food service establishments may have no live entertainment other than unamplified music, poetry reading, comedy or other quiet activities.
b. In the C-NS district, food service establishments may have no live entertainment other than unamplified background music, unless a Use Permit is obtained.

ED. Outdoor Uses.

1. Applicability. This subsection applies to outdoor uses including but not limited to exterior service windows, outside automatic teller machines, and the outside storage of goods, containers and/or materials.

2. General. Commercial and manufacturing uses shall be conducted solely within an interior of a building unless:
a. The permit as required by Paragraph 3 (Permits Required) is obtained; or b. the outdoor use is specifically allowed by the Zoning Ordinance.

3. Permits Required. Table 23.302-2 Permit Requirements for Outdoor Uses shows permits required for uses outside of a building in the Commercial and Manufacturing Districts.

3. Table 23.302-3: Permit Requirements for Outdoor Uses shows permits required for uses outside of a building in the Commercial and Manufacturing Districts.

TABLE 23.302-32: PERMIT REQUIREMENTS FOR OUTDOOR USES
DISTRICT/USE CHARACTERISTICS [1] PERMIT

REQUIRED
All Commercial Districts Except for C-W
Not abutting a residential district AUP
Abutting a residential district UP(PH)

20 C-W
Not abutting a residential district and less than 10,000 s. ft. AUP Abutting a residential district UP(PH)
10,000 sq. ft. or more UP(PH)
M, MM [2]
Less than 20,000 sq. ft. ZC
20,000 sq. ft. or more AUP
MU-LI
Less than 20,000 sq. ft. ZC
20,000 to 30,000 sq. ft. AUP
More than 30,000 sq. ft. UP(PH)
MU-R
Not abutting a residential district AUP
Abutting a residential district UP(PH)
Notes:
[1] Size is measured as the lot area of the outdoor activity or storage [2] In the M and MM district permits are required only for activity or storage not ancillary to a permitted use.

54. C-W District. In the C-W district, uses outside of a building must be permitted or incidental to permitted use in the district.

65. M, MM, MU-LI Districts. Outside uses in the M, MM, and MU-LI districts may not abut a residential district.

Section 16. That Berkeley Municipal Code 23.302.070(E) be amended to read:

E. Food Service Establishments.

1. Maximum Size in R-SMU. Food service establishments in the R-SMU district may not exceed 1,200 square feet.

2. Permits Required in Commercial Districts and in the R-BMU. 6 shows permits required for food service establishments in the commercial districts and in the R-BMU.

Table 23.302-6: Permit Requirements for Food Service Establishments Commented [HJ23]: 10. Seated Food Service
Requirements

11. Food Service Establishments 3,000 sq. ft. or less

13. Incidental Food Service Establishments
Commented [HJ24]: These requirements amended and
moved to Residential and Commercial Allowed Use tables (see Sections 1 and 3, above)

21 DISTRICT/USE SIZE PERMIT

REQUIRED

C-C, C-U, C-T, C-W
Under 1,500 sq. ft ZC
1,500 sq. ft. or more AUP

C-N, C-NS, C-SA, C-SO
Under 1,000 sq. ft ZC
1,000 sq. ft. or more AUP
C-AC, South Shattuck and North Adeline Subareas
3,000 sq ft or less ZC
Over 3,000 sq ft AUP
C-AC, South Adeline Subarea
1,500 sq ft or less ZC
Over 1,500 sq ft AUP
R-BMU, North Berkeley BART Station UP(PH)
C-E AUP [1]
C-DMU
Under 3,000 sq. ft outside the Arts District Overlay ZC 3,000 sq. ft. or more AUP
Any size within the Arts District Overlay AUP [2]
Notes:
[10] All food service uses in the C-E district require an AUP and may not be considered as an incidental use except when accessory to a food product store. [11] See 23.204.130.D.3 for required findings.

3. Notification of Decision. Food service establishments requiring an AUP in the C-N, C-E, C-NS, C-SA, C-T, C-SO districts must provide public notification of decision (NOD) within a 300-foot radius of the subject property.

4. Carry Out Limitations in C-U District. Food service establishments in the C-U district that exclusively sell food for offsite consumption are not permitted at any location on University Avenue between Oxford Street and Martin Luther King Jr.

Way until a Downtown Retail Plan is adopted by the City Council.

5.1. Outdoor Cafe Seating.

22 a. Outdoor cafe seating on private property outside of the public right-of-way is allowed in the commercial districts with the following permits:
i. Zoning Certificate when seating does not abut a residential district. ii. AUP when seating abuts a residential district.
b. Outdoor seating is not permitted for food service establishments in the MU-LI District.
c.b. Sidewalk cafe seating within the public right-of-way is subject to

23.302.060 (Sidewalk Cafe Seating).

6.2. Building Openings – C-E and C-NS Districts. Food service establishments in the C-E and C-NS districts may have no openings, other than fixed windows and required fire exits, within 50 feet of a residential district.

7.3. C-W District Requirements.
a. Food service drive-through is not permitted on properties fronting San Pablo Avenue.
b. To approve a Use Permit for a food service establishment on a lot with frontage on San Pablo Avenue, the ZAB must find that:
i. The project does not conflict with the goals and policies of the C-W district;
ii. The location, size, appearance and signage of the project will not adversely affect the San Pablo Avenue corridor;
iii. The project supports pedestrian-oriented development; iv. The project is designed to protect the residential character of surrounding neighborhoods from the adverse impacts of fast food development, including, but not limited to increased traffic, litter, and noise; and
v. For projects which include construction of new buildings, the project design:

1. Provides intensity of development which does not underutilize the property; especially at or near intersections of major streets;

2. Provides pedestrian scale and siting; and

3. Incorporates continuity in street facades.

8. Permits Required in Manufacturing Districts. Table 23.3028 shows permits required for food service establishments in the manufacturing districts.

Commented [HJ25]: These requirements amended and
moved to Manufacturing District Use table (see Section 13, above)

23 TABLE 23.302-7: PERMIT REQUIREMENTS FOR FOOD SERVICE ESTABLISHMENTS IN

MANUFACTURING DISTRICTS

DISTRICT

USE TYPE AND SIZE

M MM MU-LI MU-R
Incidental Use
Under 20,000 sq. ft. AUP [1] AUP
[1,2] AUP [1] AUP [1]
20,000 sq. ft. or more - - - AUP
Carry Out Food Service (Primary Use)
Under 5,000 sq. ft. - - AUP AUP
5,000 sq. ft. or more - - UP UP
Quick Service Restaurant (Primary Use)
Under 5,000 sq. ft. - - AUP AUP
5,000 sq. ft. or more - - UP UP
Full-Service Restaurant (Primary Use) - - UP UP
Notes:
[12] Outdoor food service is not permitted.
[13] Limited to food or beverage for immediate consumption.

9.4.MU-LI and MU-R District – Findings.
a. To approve an AUP or Use Permit to establish or expand a food service establishment in the MU-LI or MU-R district, the review authority must find that the establishment of the use, given its size, location, physical appearance and other relevant characteristics, will not have a significant detrimental impact on the industrial character of the area.
b. To approve an AUP for a food service establishment less than 5,000 square feet, the Zoning Officer must find that a substantial portion of the food consists of goods manufactured on site.

Section 17. That Berkeley Municipal Code 23.302.070(G) and (H) be amended to read:

G. Parking Lot/Structure.

1. Permits Required.

Commented [HJ26]: TECHNCAL EDITS to correct
numbering

24 2.1. Permits Required. Table 23.302-9 7 shows required permits for the exclusive or primary use of a lot for off-street parking spaces.

TABLE 23.302-97: PERMIT REQUIREMENTS FOR PARKING LOTS/STRUCTURES

DISTRICT PERMIT REQUIRED
Residential Districts
R-3 Use Permit for all parking lots and structures. [1]

R-S, R-SMU, R-
BMU
Use Permit for parking structures only. Parking lots are not permitted, except on lots between Acton Street and Virginia Gardens and between Peralta Avenue and Northside Avenue in the R-BMU.

All other
residential
districts
Use Permit for all parking lots and structures.

Commercial Districts
C-C, C-U Zoning Certificate for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-SO AUP for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-DMU AUP for parking lots with 8 spaces or fewer. Use Permit for all parking structures. Lots with more than 8 spaces not permitted.

C-N, C-E, C-
NS, C-SA Use Permit for all parking lots and structures.

C-T Use Permit for all parking structures. All parking lots not permitted.

C-W AUP for parking lots and structures with 10 spaces or fewer. Use Permit for parking lots and structures with more than 10 spaces.

Manufacturing Districts
M, MM
AUP for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-LI
Zoning Certificate for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. AUP for parking lots and structures with 11 spaces or more exclusively for uses in the district.

Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-R
Zoning Certificate for parking lots and structures exclusively for uses in the district. Use Permit for parking lots and structures not exclusively for uses in the district.

25 Notes:
[14][1] Parking lots and structures in the R-3 district are not permitted within the Southside Plan area

3.2.Residential District Standards. See 23.322.110– Parking Lots in Residential Districts for standards that apply to the exclusive or primary use of a lot for off- street parking spaces in a residential district.

H. Residential Use, Ground-Floor Units.

1. Southside Plan Area. In the R-3, R-S, R-SMU, and C-T districts within the Southside Plan boundaries, individual unit entries located within six feet of the front property line shall be at least 18 inches above the finished grade of the adjacent public frontage.

I. Senior Congregate Housing. Table 23.302-10 8 shows permits required for senior congregate housing.

TABLE 23.302-108: PERMIT REQUIREMENTS FOR SENIOR CONGREGATE HOUSING

PROJECT PERMIT REQUIRED
Change of use from an existing dwelling unit to accommodate six or fewer people ZC
Change of use from an existing dwelling unit to accommodate seven or more people AUP
New construction to accommodate any number of people UP(PH) Section 18. That Berkeley Municipal Code 23.310.020 be amended to read:

A. Applicability.

1. This section applies to any application to begin or increase alcoholic beverage sales or service, excluding beer and winealcoholic beverage service incidental to a food service establishment in a Commercial District (see 23.310.030 (Alcoholic Beverage Service When Incidental to a Food Service)).

2. As used in this section, an increase in alcoholic beverage sales or service includes, but is not limited to:
a. Adding the sales or service of distilled spirits to any existing sales or service of beer and/or wine;
b. Extending the hours of operation of any establishment that sells or serves any alcoholic beverage; and
Commented [HJ27]: 4. Alcoholic Beverage Sales Standards

26 c. Adding to the capacity, floor area, or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages.

3. An increase in alcoholic beverage sales or service does not include extending the hours of operation of any food service establishments with incidental beer and/or wine service.

B. Permit Required. A Use Permit is required to begin or increase alcoholic beverage sales or service in any way.

1. An Administrative Use Permit is required to begin service of alcoholic beverages, except as provided in 23.310.030 (Alcoholic Beverage Service When Incidental to Food Service).

1.2. To increase sales and service of alcoholic beverages, an existing Administrative Use Permit or Use Permit may be modified with an AUP regardless of the original review authority.

C. Application – List of Nearby Establishments. As part of an application to begin or increase alcoholic beverage sales or service, the applicant must provide a list of all establishments within a 1,000-foot radius which are in the same category of alcoholic beverage sales or service, as defined by the California Department of Alcoholic Beverage Control.

DC. Findings of Public Convenience or Necessity. To approve a permit for alcoholic beverage sales or service, the decision-making body must make the following findings: If the proposed use is within a 1,000-foot radius of the site of a use that is in the same category of alcoholic beverage sales or service, excluding food service establishments with incidental service of beer and/or wine, the Zoning Adjustments Board (ZAB) may approve the application

1. The number of alcoholic beverage sales licensees in the census tract does not exceed the limit set by the Department of Alcoholic Beverage Control, as defined in California Business and Professions Code Section 23958.4, excluding Food Service Establishments with incidental alcohol service; and

1.2. At least one of the following:only if it makes all of the following findings:
a. The proposed establishment will promote the City’s economic health, contribute to General Plan or area plan policies, or further the district purpose. b. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales or service. b. c. T he applicant has operated a licensed establishment that has not been the subject of violations regarding alcohol in the State of California, or violations of public safety or nuisance statutes or regulations in Berkeley. as verified by the Police Department, such violations do not indicate a high likelihood of

27 further violations and/or detrimental impacts from the proposed establishment. In making this finding, the ZAB decision-making body may consider the number, frequency, and severity of prior violations, the time elapsed since the last violation, and other relevant factors.

4. If the proposed establishment is within 1,000 feet of any public park or public school, the ZAB has taken into consideration the effect of the proposed establishment upon such sensitive public uses.

3. If the number of alcoholic beverage sales licenses in the census tract exceeds the limit set by the Department of Alcoholic Beverage Control; the decision- making body must find that the public convenience or necessity would be served by approving alcohol sales at the proposed location for any two or more of the following reasons:
a. The proposed establishment will promote the City’s economic health, contribute to General Plan or area plan policies, or further the purposes of the district.
b. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales or service. c. The sale of alcoholic beverages will enhance recreational or entertainment opportunities in the area.
d. The sale of alcoholic beverages complements the sale of other goods and merchandise at the location.
e. The issuance of a license at the proposed location will improve the convenience of area residents and visitors who purchase alcoholic beverages.

4. The Police Department has reported that the proposed establishment would not be expected to add to crime in the area.

Section 19. That Berkeley Municipal Code 23.310.030 be amended to read:

A. Permits Required. Table 23.310-1 shows permits required for alcoholic beverage service when incidental to a food service establishment. If more restrictive requirements than what is permitted in Table 23.310-1 are imposed as a condition of approval on an existing AUP or UP, the use may be modified with an AUP regardless of the original review authority.

Table 23.310-1: Permits Required for Alcoholic Beverage Service Commented [HJ28]: 2. Incidental Distilled Spirits

4. Alcoholic Beverage Sales Standards

10. Seated Food Service Requirement

15. Third Party Rental

28 Permit Required Based on
Type of Beverages Served When Incidental to Food
Service
District Beer and Wine Distilled Spirits

R-SMU UP(PH) UP(PH)

R-BMU ZC UP (PH)
All Commercial
Districts, except C-AC
and the R-BMU
District

ZC UP(PH) AUP

C-AC ZC AUP

MU-LI, MU-R UP(PH) AUP UP(PH) AUP
B. Use Limitations.

1. R-SMU District. In the R-SMU district, alcoholic beverage service is allowed only for full-service restaurants. Alcoholic beverage service is not allowed for carry out food stores and quick-service restaurants.

2. Commercial Districts. In Commercial Districts, beer and wine service is allowed by right when for on-site consumption with seated food service.

3. C-NS and R-BMU Districts. In the C-NS district, distilled spirit service is allowed only for full-service restaurants. Distilled spirit service is not allowed for carry out food stores and quick-service restaurants.

4. C-T and C-SO Districts. In the C-T and C-SO districts, distilled spirit service is allowed only for on-site consumption with seated food service.

5. C-AC District. In the C-AC district, distilled spirit service is allowed along Adeline Street south of Ashby Avenue only for on-site consumption with seated food service.

CB. Incidental Beer and Wine Service Standards. The following standards apply to beer and wine service incidental to a food service establishment. in a Commercial District.

1. Licensing.
a. The food service establishment shall comply with all applicable regulations of the California Department of Alcoholic Beverage Control. b. An operator of the licensed establishment may not have a prior licensed establishment that was the subject of verified complaints or violations

29 regarding alcohol, public safety, or nuisance statutes or regulations before issuance or transfer of a business license at this location.

2. Service.
a. Beer and wine beverage service shall be incidental to the primary food service use.
b. Beer and wine service incidental to seated food service shall only be allowed at a bona fide eating place making actual and substantial sales of meals as determined and required by the California Department of Alcoholic Beverage Control.
c. The sale of beer and wine for off-site consumption is not permitted. d. Employees may not serve beer or wine to patrons who appear to be inebriated or otherwise unable to behave in an orderly manner upon consuming alcohol.
e. All beer and wine served to patrons must be served in durable restaurant tableware. Beer or wine may not be distributed in its original bottle or can, or in any other potentially disposable container.
f. There shall be no bar or lounge area upon the licensed premises maintained for the sole purpose of sales, service, or consumption of alcoholic beverages directly to patrons for consumption.
g.d. Hours of operation are subject to review and amendment by the review authority Zoning Officer or the ZAB as necessary to avoid detriment to the neighborhood or to achieve conformance with revised City of Berkeley standards or policies.

3. Operation.
a. The food service establishment must operate at least five days a week. b. The service of beer and wine shall be limited to normal meal hours (per California Department of Alcoholic Beverage Control) during the food service establishment’s hours of operation.
c. During operating the food service establishment’s hours of operation, 100 percent of the serviceall public areas shall be designed and usedavailable for meal service and the food service establishment must possess the necessary utensils, and condiment dispensers with which to serve meals to the public. d. At no time shall the operator rent the restaurant space to a third-party. e.d. The owner or operator of the establishment shall take reasonable measures to prevent disturbances by patrons in the immediate vicinity. Such measures shall include:

30 i. Signs reminding patrons of nearby residences and requests not to congregate or loiter near such residences nor operate vehicles in a noisy manner on residential streets; and
ii. Surveillance to public areas near the establishment, keeping public areas free of trash and litter, providing lighting, and otherwise preventing conduct that might disturb the peace and quiet of residences in the vicinity.
f.e.The operator shall assume reasonable responsibility for ensuring that patrons do not block the entrance or interfere with pedestrian activity on the adjacent public sidewalk.
g.f.The applicant shall establish cash handling procedures to reduce the likelihood of robberies and theft.

4. Advertising.
a. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior constitute a violation of this requirement. Establishments shall comply with Municipal Code Chapter 20.67 (Alcohol Product Advertising)
b. Alcohol-dispensing facilities and signs advertising alcoholic beverages may not be visible from the public right-of-way.

5. Training.
a. The operator shall finish a Crime Prevention through Environmental Design (CPTED) survey before beginning alcohol service.
b. All employees selling and/or serving beer and wine, or directly supervising such sales and/or service, shall comply with Municipal Code Section 9.84.030 (Responsible Beverage Service Training) and finish the Licensee Education on Alcohol and Drugs (LEAD) program, or another equivalent program offered or certified by the California Department of Alcoholic Beverage Control within 90 days of employment at the establishment. Employees who have finished the course within the last 12 months are exempt from this requirement.

Section 20. That Berkeley Municipal Code 23.324.040(B)(2)(b) be amended to read:
b. Uses with Major Investments. Lawful nonconforming full or quick service restaurantsfood services establishments with cooking or food preparation facilities, gas/auto fuel stations, theaters, manufacturing plants with specifically designed fixed facilities and other uses which represent a major Commented [HJ29]: TECHNICAL EDIT: “full or quick
service restaurants” no longer exist as a use type (see Section 25 below)

31 investment in physical plant or facilities shall not be considered or declared terminated, regardless of the duration of non-use, unless:
i. Such fixed structures, equipment, or facilities are removed; or ii. Other uses could not be established without major removal of or extensive remodeling or replacement of structures associated with the previous established use.

Section 21. That Berkeley Municipal Code 23.502.020(B)(4) be amended to read:

4. Bar/Cocktail Lounge/Tavern/Tap Room/Wine Tasting. A business devoted to serving alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.

Section 22. That Berkeley Municipal Code 23.502.020(D) be amended to read:

D. “D” Terms.

1. Dance/Exercise/Martial Arts/Music Studio. An establishment in which customers assemble for group exercises, dancing, self-defense training, aerobics, choral or musical instrument instruction, other movement drills for learning, rehearsal or non-audience performances.

2.1. Deck. An unenclosed structure, usually made of wood, built to provide a solid continuous surface for outdoor use and/or access to a door, which is accessible from the ground level, directly or from a connecting stairway and is separated from the ground by an air space.

3.2. Demolition. A building or enclosed structure shall be considered demolished for the purposes of this chapter when, within any continuous 12- month period, such building or enclosed structure is destroyed in whole or in part or is relocated from one lot to another. For purposes of this definition, destroyed in part means when 50 percent or more of the enclosing exterior walls and 50 percent or more of the roof are removed. Removal of facades or portions of facades requires Design Review.

4.3. Density. See 23.106.100 – Residential Density

5.4. Density Bonus. See 23.332.020 (Definitions).

6.5. Department. The Planning and Development Department of the City of Berkeley or its successor administrative unit.

Commented [HJ30]: 3. Stand-Alone Beer and Wine
Commented [HJ31]: 1. Group Class Instruction

32 7.6. Department Store. A retail store selling several kinds of merchandise, which are usually grouped into separate sections, including but not limited to, apparel, housewares, household hardware, household appliances, household electronics and gifts.

8.7. Dormer. A projection built out from a sloping roof, usually housing a vertical window or ventilating louver. See also 23.304.110 (Dormers).

9.8. Dormitory. A building providing group living accommodations, occupied by individuals not sharing a common household, characterized by separate sleeping rooms without individual kitchen facilities and containing congregate bath and/or dining facilities or rooms.

10.9. Drive-in Uses. A use where a customer is permitted or encouraged, either by the design of physical facilities or by the service and/or packaging procedures offered, to be served while remaining seated within an automobile. This use includes drive-through food service establishments, financial services (banks), and automatic carwashes.

11.10. Driveway. A paved, vehicular accessway connecting an off-street parking space or parking lot with a public or private street.

12.11. Drug Paraphernalia. As defined in California Health and Safety Code Section 11364.5(d).

13.12. Drugstore. A retail establishment where the profession of pharmacy is practiced and/or where licensed prescription drugs and general merchandise are offered for sale. A food products store with a pharmacy is not a drugstore.

14.13. Dry Cleaning and Laundry Plants. A place where clothes are dry cleaned, dyed and/or laundered as part of a commercial business, whether or not such clothes were deposited by a customer at that location, or transported from another location, as part of a service. This use includes all establishments subject to Section 19233 of the State of California Business and Professions Code, regulating Dry Cleaning Plants, but excludes laundromats and cleaners as defined in this chapter.

15.14. Duplex. A building or use of a lot designed for, or occupied exclusively by, two households.

16.15. Dwelling Unit. A building or portion of a building designed for, or occupied exclusively by, persons living as one household.

Section 23. That Berkeley Municipal Code 23.502.020(F) (11) be amended to read: Commented [HJ32]: TECHNICAL EDIT: There are no longer any regulations pertaining to Carry Out Food Store, Quick Service Restaurant, or Full Service Restaurant; so, deleting definitions.

33 11.Food Service Establishments. An establishment which in whole or in part prepares food or beverages for immediate consumption on or off the premises. a. Carry Out Food Store: A store which serves food or non-alcoholic beverages for immediate consumption not on the premises, but usually in the vicinity of the store. This use is usually characterized as an establishment which serves food altered in texture and/or temperature on a customer- demand basis, puts such food in non-sealed packages or edible containers, requires payment for such food before consumption, and provides no seating or other physical accommodations for on- premises dining. Examples of this use include delicatessens and other stores without seating which sell doughnuts, croissants, ice cream, frozen yogurt, cookies, whole pizzas and sandwiches. This use excludes bakeries and food products stores. b. Quick Service Restaurant: An establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. This use is usually characterized as an establishment in which food is cooked on a customer-demand basis, payment is required before consumption, limited or no able service is provided (no waiters), and seating or other physical accommodations for on- premises customer dining is provided. Examples of this use include establishments selling primarily hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza slices, fried chicken, or fish and chips. c. Full-Service Restaurant: An establishment which serves food or beverages for immediate consumption primarily on the premises, with only a minor portion, if any, of the food being taken out of the establishment. This use is characterized as an establishment in which food is stored, cooked or prepared on the premises on a customer-demand basis, which requires payment after consumption, and provides seating and tables for on-premises customer dining, and may provide with table service (waiters).

Section 24. That Berkeley Municipal Code 23.502.020(G)(6) be amended to read:

6. Group Class Instruction. An establishment that offers specialized programs in personal growth, and development, and instruction in artistic, cultural, and academic pursuits, including music and choral schools, performing arts, arts and crafts, cooking, tutoring, martial arts and self-defense training. Excludes spaces designed exclusively for public performance. Includes music studios, drama schools, dance academies, art schools, tutoring schools, and instruction in other cultural and academic pursuits.

Section 25. That Berkeley Municipal Code 23.502.020(G)(9) be removed:

Commented [HJ33]: 1. Group Class Instruction
Commented [HJ34]: 1. Group Class Instruction

34 9. Gyms and Health Clubs. An indoor facility where exercise equipment, classes and related activities related to personal health and fitness are available to paying customers. Excludes parks/playgrounds.

Section 26. That Berkeley Municipal Code 23.502.020(H)(2) – (11) be amended to read:

2. Health and Fitness Facility. A facility where exercise equipment, swimming pools, group or aerobic classes (including yoga and Pilates) and other activities related to person health and fitness are available to customers or members.

Excludes park/playground.

23. Hedge. Any line or row of plants, trees or shrubs planted in a continuous line to form a dense thicket or barrier.

34. Height of Building, Average. See 23.106.090.A (Average Building Height).

45. Height of Building, Maximum. See 23.106.090.B (Maximum Building Height).

56. Home Occupation. A business use conducted on property developed with a residential use, which is incidental and secondary to the residential use, does not change the residential character of the residential use, is limited so as not to substantially reduce the residential use of the legally established dwelling, Accessory Dwelling Unit, Accessory Building or Group Living Accommodation room and is operated only by the residents of the subject residence.

There are three classification of Home Occupations. For the purposes of this section, a "customer" is considered a single paying customer, but may include more than one person receiving the services at the same time:
(1) Class I Home Occupation--Involves no more than five customer visits per day, with no more than four persons receiving services at a time. This class does not allow shipping of goods directly from the subject residence. (2) Class II Home Occupation--Involves no more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site.

This class does not allow shipping of goods directly from the subject residence.
(3) Class III Home Occupation--Involves more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site and/or involves shipping of goods directly from the subject residence.

Commented [HJ35]: 1. Group Class Instruction
Commented [HJ36]: New definition to replace
Gym/Health Club/Fitness Studio

35 67. Hospital. A facility for in-patient medical care licensed under California Administrative Code, Title 17, Section 237 or 238.

78. Hot Tub. A tub or small pool, usually made of wood or fiberglass, in which heated water is maintained for recreational or therapeutic activities, including, but not limited to, jacuzzis, whirlpools and spas.

89. Hotel, Residential. A type of group living accommodations which provides rooms for rent for residential purposes, including single residential occupancy (SRO) rooms.
910. Hotel, Tourist. A building with sleeping rooms used, designed, or intended for occupancy by transient guests for a period not to exceed 14 consecutive days.

This use includes inns, bed and breakfasts (B&Bs), and hostels, and excludes building with residential hotel rooms and dwelling units. 1011. Household. One or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and utilities, as well as maintaining a single lease or rental agreement for all members of the household and other similar characteristics indicative of a single household.
1112. Household Income, Gross. The income of all adult members of the household as determined by the guidelines used by the Berkeley Housing Authority for its administration of the Section 8 Rental Subsidy Program. For purposes of this definition, household is the same as Family in the federal Section 8 Existing Housing Program or its future equivalent. Classification of Households, based on income, shall be based on the following percentages of the Oakland Primary Metropolitan Statistical Area (PMSA) statistical figures for income of the most recent U.S. Census that are available:
(a) Low Income Household. A household whose gross income is greater than 80 percent and less than 100 percent of the median income. (b) Lower Income Household. A household whose income is no greater than 80 percent and above 50 percent of the median income.
(c) Very Low Income Household. A household whose gross income is 50 percent or less of the median income.

Section 27. That Berkeley Municipal Code 23.502.020(S)(31) be amended to read:

31. Studio. See Art/Craft Studio and Dance. Exercise, Martial Arts or Music Studio.

Commented [HJ37]: 1. Group Class Instruction

36 Section 28. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

ATTACHMENT 4

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

ZONING ORDINANCE AMENDMENTS TO SUPPORT BERKELEY

BUSINESS
The public may participate in this hearing by remote video or in-person.

The Department of Planning and Development is proposing amendments to the City’s Zoning Ordinance (Title 23) to establish a streamlined, cost-effective, and expedited review and approval process tailored to smaller businesses, while preserving the city’s commitment to public participation and ensuring that new uses are compatible with neighboring land uses. Proposed amendments affect the following sections of Title 23:
• 23.202.020 Allowed Land Uses (Residential Districts)
• 23.202.150 R-BMU Residential BART Mixed Use District
• 23.204.020 Allowed Land Uses (Commercial Districts)
• 23.204.040 Use-Specific Permit Requirements and Regulations • 23.204.080 C-E Elmwood Commercial District
• 23.204.100 C-SA South Area Commercial District
• 23.204.110 C-T Telegraph Avenue Commercial District
• 23.204.120 C-SO Solano Avenue Commercial District
• 23.204.130 C-DMU Downtown Mixed-Use District
• 23.204.150 C-AC Adeline Corridor Commercial District
• 23.206.020 Allowed Land Uses (Manufacturing Districts) • 23.302.020 Supplemental Use Regulations (Hours of Operation) • 23.302.070 Supplemental Use Regulations (Use-Specific Regulations) • 23.310.020 Alcoholic Beverage Sales and Service (General Alcohol Service Requirements)
• 23.310.030 Alcoholic Beverage Sales and Service (Incidental Alcohol Service Requirements)
• 23.324.040 Nonconforming Uses
• 23.502.020 Glossary
The hearing will be held on, February 27, 2024 at 6:00 pm in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of February 15, 2024. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

For further information, please contact Justin Horner, Associate Planner, at 510-981- 7476.

Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information.

Published: February 16, 2024 – The Berkeley Voice
Public Hearing required by BMC 23.412.050 and Govt Code 65853; notice provided according to Govt Code 65090 and BMC 23.404.040.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on February 15, 2024.
__________________________________
Mark Numainville, City Clerk

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.cityofberkeley.info/manager

INFORMATION CALENDAR
FEBRUARY 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2024 First Quarter Investment Report: Ended September 30, 2023

SUMMARY
The City’s investment policy requires that a quarterly investment report be submitted to the City Council on the status of the investment portfolio. The report includes all investments managed by the City of Berkeley and provides information on the types, values (par, book, and market), term, and yield of each security.  The return on pooled investments for the quarter ended September 30, 2023 was

3.00%, 38 basis points less than the 3.38% earned by the State Local Agency Investment Fund (State LAIF), which is the benchmark for investment performance used by the City. The returns earned on State LAIF’s monthly portfolio are currently higher because it has a much shorter maturity and the yield curve is inverted (i.e., short-term rates are higher than medium and long-term rates).

The return on pooled investments of 3.00% for the quarter ended September 30, 2023 was 6 basis points less than the rate of 3.06% earned in the quarter ended June 30, 2023.
 The average return on all Retiree Medical Trust Fund investments was 5.26% for the quarter ended September 30, 2023.

CURRENT SITUATION AND ITS EFFECTS
Attached is a summary of the quarterly report for fiscal year 2024 First Quarter ending September 30, 2023 representing the status of the City’s investment portfolio. The report includes all investments managed by the City of Berkeley and provides information on the values (par, book, and market), term, and yield of each security.

Summary information by type of security and detailed information on each security is provided on Exhibit 2-A. An evaluation of portfolio performance for this accounting period compared to the previous three accounting periods is also included in Attachment 1.

Investment Report: FY2024 1st Qtr INFORMATION CALENDAR Ended September 30, 2023 FEBRUARY 27, 2024

A. Portfolio Results
As a result of the differences in the investment policies of different cities, including responsible investing policies, maturity restrictions, investment restrictions, etc., it was difficult for the City of Berkeley to come up with a reasonable performance measure for pooled cash investments. In order to provide some measure of the relative performance of the City’s investment returns, many years ago the City established the State Local Agency Investment Fund (LAIF) as the performance measure to be reported in the quarterly investment reports, since many local governments invested significant portions of their investment portfolios in LAIF.

LAIF was intended to be a reference point to compare the City’s investment performance against, rather than a true performance measure, since most cities typically earn a yield higher than LAIF in normal interest rate environments, and because LAIF’s average maturity of its investments is generally shorter than that of most cities. As a result, past City Councilmembers requested that information about the rates earned by other California cities be included in the quarterly investment reports for comparison purposes, despite the differences in the investment policies of the various cities.

1. Liquidity of Portfolio:

The average investment in the pooled portfolio matures in 1,237 days as of September 30, 2023. This is 49 days less than the 1,286 maturity days as of June 30, 2023.

2. Comparison of Results to Performance Measures – Pooled investments:

Quarter Ended September 30, 2023
The City’s yield on investments for the quarter ended September 30, 2023 was

3.00%, a decrease of 6 basis points (.06%) from the 3.06 earned during the quarter ended June 30, 2023. The average yield on a 91-day Treasury bill at the end of the quarter ended September 30, 2023 was 5.45%, an increase of 17 basis points (0.17%) from the 5.28% at the end of the previous quarter, primarily as a result of the Fed’s raising the Federal Funds rate by .25% on July 26, 2023.

As summarized in Table 1, staff’s overall results were under the performance measure for the quarter by 38 basis points. Staff’s performance was under the performance measure in July by approximately 23 basis points (-.23%); under the performance measure in August by approximately 48 basis points (-.48%); and, was under the performance measure in September by approximately 44 basis points (-.44%). The performance measure for the return on investments is compared to the rate of return of the State LAIF.

Investment Report: FY2024 1st Qtr INFORMATION CALENDAR Ended September 30, 2023 FEBRUARY 27, 2024

Table 1
For Quarter Ending September 30, 2023
Period City State LAIF Difference
Jul-23 3.07% 3.30% -0.23%
Aug-23 2.95% 3.43% -0.48%
Sept-23 2.98% 3.42% -0.44%
Jul 1-Sept 30

3.00% 3.38% -0.38%

3. Investment Results-Retiree Health Insurance Funds:

Average interest rates earned on the retiree health insurance trust funds for the quarter ended June 30, 2023 compared to the quarter ended September 30 2023, were as follows:

Table 2

EARNED INTEREST RATES
For Quarter Ended 6/30/2023 Compared To 9/30/2023
Trust Fund 4th Qtr
6/30/23
1st Qtr
9/30/23
Retiree Medical Trust Fund (Misc Employees) 5.39% 5.42% Fire Retiree Medical Trust Fund 5.19% 5.13%
Police Retiree Medical Trust Fund 4.60% 5.24%
The rates earned on these plans are expected to continue to increase, as staff is using the investment authority granted by Council to purchase long-term bonds as rates move higher.

Details related to retiree health trust fund investments are in Attachment 3, Exhibits 3- A, 3-B, and 3-C of this report.

Investment Report: FY2024 1st Qtr INFORMATION CALENDAR Ended September 30, 2023 FEBRUARY 27, 2024

B. Discussion of Interest Rate Environment and Outlook
In its September 30, 2023 statement, the Federal Open Market Committee said recent indicators suggest that economic activity has been expanding at a solid pace. Job gains have slowed in recent months but remain strong, and the unemployment rate has remained low. Inflation remains elevated.

It stated that the U. S. banking system is sound and resilient. Tighter credit conditions for households and businesses are likely to weigh on economic activity, hiring, and inflation.

The extent of these effects remains uncertain. The Committee remains highly attentive to inflation risks.

Yield Trend
The Committee seeks to achieve maximum employment and inflation at the rate of 2 percent over the longer run. In support of these goals, the Committee decided to maintain the target range for the federal funds rate at 5-1/4%-5-1/2%. The Committee will continue to assess additional information and its implications for monetary policy. In determining the extent of additional policy firming that may be appropriate to return inflation to 2 percent over time, the Committee will take into account the cumulative tightening of monetary policy, the lags with which monetary policy affects economic activity and inflation, and economic and financial developments. In addition, the Committee will continue to reduce its holdings of Treasury securities and agency debt and mortgage- backed securities, as described in its previously announced plans. The Committee is strongly committed to returning inflation to its 2 percent objective.

In assessing the appropriate stance of monetary policy, the Committee will continue to monitor the implications of incoming information for its economic outlook. The Committee would be prepared to adjust the stance of monetary policy as appropriate if risks emerge that could impede the attainment of the Committee’s goals. The Committee’s assessments will take into account a wide range of information, including readings on labor market conditions, inflation pressures and inflation expectations, and financial and international developments.

Since the Federal Reserve change its zero-interest rate policy in March 2017 to combat high inflation, the Federal Reserve Board has raised the Federal Funds rate 11 times for a total of 5.25%-5.50%, as follows:

Investment Report: FY2024 1st Qtr INFORMATION CALENDAR Ended September 30, 2023 FEBRUARY 27, 2024

Table 3

DATE RATE CHANGE FEDERAL FUNDS RATE
03/17/22 .25% .25%-.50%
05/05/22 .50% .75%-1.00%
06/16/22 .75% 1.50%-1.75%
07/27/22 .75% 2.25%-2.50%
09/21/22 .75% 3.00%-3.25%
11/02/2022 .75% 3.75%-4.00%
12/14/2022 .50% 4.25%-4.50%
2/1/2023 .25% 4.50%-4.75%
3/23/2023 .25% 4.75%-5.00%
5/3/2023 .25% 5.00%-5.25%
7/26/2023 .25% 5.25%-5.50%
Since the rate hike on March 23, 2023, there were three regional bank failures (Silicon Valley Bank, Signature Bank and First Republic Bank), and other regional banks have been under pressure. During the current quarter, the Fed’s rate hikes and these bank failures have resulted in (1) banks’ raising their lending standards and reducing the number of loans granted; (2) mortgage rates rising to 8% for a while, but dropping below 7% currently; and (3) Analysts increasing the probability of a significant slowdown or recession in the US economy in 2024.

In addition, since July 2023, the Personal Consumption Expenditures (PCE) index (the Fed’s favored inflation index) has declined from 4.2% to 2.6% in November 2023, close to the Fed’s 2.0% target.

Therefore, under these circumstances it is likely that the Fed will be cautious about keeping the Federal Funds rates at this high level for a long time. In fact, the Fed Chairman recently suggested that the rate hikes have ended and that the Fed’s is likely to lower rates at least three times in CY 2024, assuming the decline in the inflation rate continues. It should be pointed out that the market is anticipating five to six Fed rate cuts in CY 2024.

Change in Strategy
Prior to the Fed’s change in monetary policy starting March 17, 2022, staff’s basic strategy consisted of not purchasing any Agency or Medium-Term corporate note securities with a maturity beyond three years, unless the securities were step-up securities (i.e., securities whose interest rates increased periodically, if they were not called). After the

Investment Report: FY2024 1st Qtr INFORMATION CALENDAR Ended September 30, 2023 FEBRUARY 27, 2024

Fed’s changed to a tighter monetary policy in March 2022, the City’s investment strategy changed to extending the investment maturities of securities purchased beyond three years and locking in rates. In the short term, this strategy has resulted in a decline in yield from the previous quarter because the yield curve is inverted (i.e., short-term rates are higher than medium and long-term rates). As money is pulled out of short-term investments to lock in rates on long-term investments, the City’s yield suffers in the short- term. However, this underperformance will disappear when the Fed’s starts lowering short-term rates in CY 2024.

Many Analysts in the market are now predicting that the Fed’s will start lowering rates in March 2024 and continue to lower them throughout CY 2024. However, Staff believes the decline in rates could come later in CY 2024, for the following reasons:

1. The Fed Chairman indicated that the Fed’s will continue its program of selling $95 billion/month (or $1.14 trillion/year) of Agency and Mortgage-Backed securities from its Balance Sheet instead of purchasing them as it did before this program began. This decision will result in a substantial increase in bond supply without a corresponding increase in bond demand, which will increase the rates on medium and long-term bonds; and,

2. The projected US CY 2024 budget deficit of $1.8 trillion means the US will have to issue an additional $1.8 trillion of bonds to fund this budget deficit. This additional huge supply of bonds may overwhelm demand for Agency and Mortgage-Backed bonds and put further upward pressure on medium and long-term interest rates.

These two factors may keep medium-term and long-term interest rates higher for much of CY 2024 and impact short-term rates.

On a long-term basis, the City’s earned rate is expected to be above the City’s benchmark (State LAIF) and the City’s return is expected to be comparable to rates earned by most other cities in California. A sample of rates earned by Northern and Southern California cities is reflected in table 3 below (previously only Northern California cities were included):

Investment Report: FY2024 1st Qtr INFORMATION CALENDAR Ended September 30, 2023 FEBRUARY 27, 2024

Table 4
Other California Cities
Earned Interest Rates
For the Quarter Ending September 30, 2023
City Rates Earned
Oakland 4.19%
Burbank 3.15%
San Francisco 3.11%
Berkeley 3.00%
San Diego 3.00%
San Jose 3.00%
Los Angeles 2.72%
Sacramento 2.63%
Hayward 2.38%
Palo Alto 2.20%

BACKGROUND
 Pooled Investments
Short-term cash is invested primarily in government sponsored enterprises (referred to as Federal Agency securities) notes, medium-term corporate notes and municipal securities for periods of one to ten years. Additional cash is invested in a money market fund or overnight securities to meet the liquidity needs of the City.

In some cases, the City may have investments with a current market value that is greater or less than the recorded cost. These changes in market value are due to fluctuations in the market and have no effect on yield, as the City does not intend to sell securities prior to maturity.
 Retiree Health Trust Fund Investments
The City agreed to provide retiree Health insurance coverage for fire, police and miscellaneous employees under certain terms and conditions. An actuarial study commissioned by the City many years ago determined that, in addition to City Contributions, an average rate of return of 7% on miscellaneous employees trust fund assets invested must be achieved to fund the retiree health benefit at the desired 70% level. Primarily as a result of the Federal Reserve Board’s decision to keep short-term rates near zero from 2008 to March 2020, the average rate currently earned is significantly below that 7% level. City Finance Department staff manages these investment portfolios.

Investment Report: FY2024 1st Qtr INFORMATION CALENDAR Ended September 30, 2023 FEBRUARY 27, 2024

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with the subject of this report.

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326

ATTACHMENTS

1. Portfolio Evaluation FY 2024 First Quarter

2. Investment Report Analysis FY 2024 First Quarter
a. Exhibit 2-A: Pooled Cash and Investments
b. Exhibit 2-B.1 through 2-B.3: Interest Earnings July 1, 2023 – September 30, 2023
c. Exhibit 2-C: Book Value By Investment Type
d. Exhibit 2-D: Current Holdings vs. Policy Limits
e. Exhibit 2-E: Investment Portfolio Trend

3. Summary of Pooled and Cash Investments FY 2024 First Quarter –Trust Funds a. Exhibit 3-A: Retiree Medical Trust Funds –Misc.
b. Exhibit 3-B: Retiree Medical Trust Funds –Fire
c. Exhibit 3-C: Retiree Medical Trust Funds –Police

Attachment 1

QUARTER ENDING
Total Portfolio
Pooled Cash and Investments (COB) 614,759,558$ 712,329,294$ 667,712,171$ 657,109,639$ Pooled Cash and Investments (Trust) 53,459,009 54,012,972 54,330,791 51,469,759 Total Cash and Investments 668,218,567$ 766,342,266$ 722,042,962$ 708,579,398$ Average Life of Investment Portfolio
Pooled Investments (CoB) 1,237 1,286 1,322 1,323
Trust Investments 7.883 years 7.852 years 8.047 years 7.586 years Weighted Yield
Pooled Investments (CoB) 2.999% 3.062% 2.761% 2.394%
Trust Investments 5.261% 5.063% 5.081% 4.670%
Prime Rate 8.500% 8.250% 8.000% 7.500%
91-day Treasury Bill Rate 5.446% 5.284% 4.693% 4.343%
2-year Treasury Note Rate 5.044% 4.895% 4.025% 4.426%
Cash and Investments Maturity
Within one year 104,135,475$ 15.58% 234,655,408$ 30.62% 208,919,256$ 28.93% 223,131,582$ 31.49% Between 1 to 3 years 374,559,348 56.05% 270,060,770 35.24% 103,151,808 14.29% 103,795,200 14.65% Between 3 to 5 years 72,751,770 10.89% 164,373,440 21.45% 317,003,276 43.90% 316,456,840 44.66% Between 5 to 10 years 105,896,100 15.85% 86,070,641 11.23% 81,672,587 11.31% 55,998,303 7.90% Over 10 years 10,875,874 1.63% 11,182,007 1.46% 11,296,035 1.56% 9,197,473 1.30% Total 668,218,567$ 100.00% 766,342,266$ 100.00% 722,042,962$ 100.00% 708,579,398$ 100.00% September 2023
Portfolio Evaluation
Quarter Ended September 30, 2023
June 2023 December 2022March 2023

Attachment 2
Pension and OPEB
Investments Pooled Investments Trust Investments Total
Portfolio 583,585,611$ 54,977,231$ 638,562,843$ Unrecognized gain/(loss) (37,666,096) (3,320,565) (40,986,661) Total Investments 545,919,515 51,656,666 597,576,181 Cash Pooled Cash
Pension and OPEB
Trust Cash Total
Cash with Fidelity Money Market 62,905,290 - 62,905,290 Cash with Fiscal Agents 1,932,632 - 1,932,632 Cash Deposits in Banks 5,804,464 - 5,804,464 Pooled Cash Adjustment (1,802,343) 1,802,343 - Total Cash 68,840,043 1,802,343 70,642,386 Adjusted Grand Total (All Cash and Investments) 614,759,558$ 53,459,009$ 668,218,567$ Pooled Cash Portfolio Breakdown As of September 30, 2023 Book Value Market Value Investments 583,585,611$ 545,919,515$
NOTE:

1. The pooled cash includes Rent Board cash $6,451,974.

2. The pooled cash does not include Section 115 cash of $7,097,533.37 Investment Report Analysis
As of September 30, 2023

Exhibit 2-A
CUSIP Investment # Issuer Book Value Par Value Market Value Current
Rate
YTM/C
365
Maturity
Date
Days To
Maturity
Moody's
Rating
Medium Term Notes
88579YAR2 14659 3M COMPANY 4,903,196.93 5,000,000.00 4,761,950.00 3.000 4.120 08/07/2025 676 A2 008252AM0 14582 Affiliated Managers Group 1,006,867.57 1,000,000.00 991,140.00 4.250 2.300 02/15/2024 137 A3 04685A2L4 14590 Athene Global Funding 5,962,932.59 5,950,000.00 5,623,285.50 2.500 2.320 01/14/2025 471 A1 04685A2L4 14602 Athene Global Funding 4,955,607.45 5,000,000.00 4,725,450.00 2.500 3.250 01/14/2025 471 A1 20030NBN0 14563 Comcast Corp 5,023,194.94 5,000,000.00 4,807,850.00 3.375 3.100 08/15/2025 684 A3 233851CU6 14571 Daimler Finance 5,037,395.15 5,000,000.00 4,688,250.00 3.450 3.190 01/06/2027 1,193 A2 233851CU6 14574 Daimler Finance 3,773,634.82 3,725,000.00 3,492,746.25 3.450 3.000 01/06/2027 1,193 A2 24422EUM9 14554 John Deere Cap 5,000,489.94 5,000,000.00 4,997,600.00 3.650 3.300 10/12/2023 11 A2 24422EWK1 14663 John Deere Cap 4,982,278.24 5,000,000.00 4,818,350.00 4.150 4.250 09/15/2027 1,445 A2 375558BF9 14570 Gilead Sciences 5,057,537.07 5,000,000.00 4,786,450.00 3.650 3.118 03/01/2026 882 A3 30303M8G0 14660 Meta Platforms Inc 4,851,432.91 5,000,000.00 4,715,550.00 3.500 4.360 08/15/2027 1,414 A1 617446HD4 14670 Morgan Stanley 10,802,380.32 10,000,000.00 10,955,000.00 7.250 6.000 04/01/2032 3,105 A1 747525AT0 14564 Qualcomm Inc 4,995,601.63 5,000,000.00 4,912,400.00 2.900 3.050 05/20/2024 232 A2 747525AU7 14587 Qualcomm Inc 6,123,731.34 5,963,000.00 5,562,465.29 3.250 2.435 05/20/2027 1,327 A2 828807CS4 14606 Simon Property Group 4,998,826.05 5,000,000.00 4,871,000.00 3.375 3.353 10/01/2024 366 A3 07330MAA5 14588 Truist Bank 5,202,996.60 5,000,000.00 4,594,800.00 3.800 2.365 10/30/2026 1,125 A2 Subtotal and Average 82,678,103.55 81,638,000.00 79,304,287.04 3.556 1,108 Federal Agency Coupon Securities
3133ENN22 14664 Federal Farm Credit Bank 4,987,069.38 5,000,000.00 4,873,600.00 3.750 3.890 09/22/2025 722 AAA 3133ENP95 14666 Federal Farm Credit Bank 4,986,109.77 5,000,000.00 4,915,300.00 4.250 4.400 09/30/2025 730 AAA 3133ENS50 14667 Federal Farm Credit Bank 4,999,374.40 5,000,000.00 4,874,300.00 4.125 4.128 10/14/2027 1,474 AAA 3133ENN30 14668 Federal Farm Credit Bank 4,651,248.37 5,000,000.00 4,578,650.00 3.875 4.863 09/20/2032 3,277 AAA 3133ENV72 14669 Federal Farm Credit Bank 4,987,371.38 5,000,000.00 4,935,050.00 4.500 4.600 07/27/2026 1,030 AAA 3133EPGG4 14686 Federal Farm Credit Bank 4,960,241.34 5,000,000.00 4,616,600.00 4.000 4.102 04/20/2033 3,489 AAA 3133EPGS8 14687 Federal Farm Credit Bank 4,995,928.83 5,000,000.00 4,920,650.00 4.250 4.300 07/24/2025 662 AAA 3133EPPE9 14689 Federal Farm Credit Bank 4,978,902.31 5,000,000.00 4,924,200.00 4.375 4.540 07/06/2026 1,009 AAA 3133EPPF6 14690 Federal Farm Credit Bank 4,955,981.50 5,000,000.00 4,825,150.00 4.125 4.300 07/05/2029 2,104 AAA 3130ATDK0 14661 Federal Home Loan Banks 4,999,009.37 5,000,000.00 4,983,400.00 3.875 3.989 12/08/2023 68 AAA Subtotal and Average 49,501,236.65 50,000,000.00 48,446,900.00 4.308 1,442 Medium-Term Notes - Callable
05531FBF9 14561 BB&T Corporation 5006163.93 5000000.00 4974850.00 3.750 3.012 12/06/2023 66 A3 22553PWD7 14652 Credit Suisse AG 5000000.00 5000000.00 4795500.00 4.050 4.050 05/25/2025 602 A3 22553PXJ3 14655 Credit Suisse AG 5000000.00 5000000.00 4412300.00 5.000 5. 001 05/31/2032 3,165 A3 693475AV7 14557 PNC Financial Services 5001822.95 5000000.00 4961700.00 3.500 3.425 01/23/2024 114 A3 751212AC5 14566 Ralph Lauren 5055908.60 5000000. 00 4827850.00 3.750 3.106 09/15/2025 715 A3 857477CD3 14698 State Street Corp. 4000000.00 4000000.00 3962440.00 5.272 5.272 08/03/2026 1,037 A1 91159HHU7 14562 US Bancorp 5089992.18 5000000.00 4811400.00 3.950 2.848 11/17/2025 778 A3 91159HHM5 14684 US Bancorp 4737675.62 5000000.00 4646300.00 3.100 5.348 04/27/2026 939 A3 City of Berkeley
Pooled Cash and Investments
As of September 30, 2023

Exhibit 2-A
CUSIP Investment # Issuer Book Value Par Value Market Value Current
Rate
YTM/C
365
Maturity
Date
Days To
Maturity
Moody's
Rating
City of Berkeley
Pooled Cash and Investments
As of September 30, 2023
91159HHW3 14693 US Bancorp 4,229,612.09 5,000,000.00 4,188,900.00 3.000 6.212 07/30/2029 2,129 A3 Subtotal and Average 43,121,175.37 44,000,000.00 41,581,240.00 4.183 1,041 Federal Agency Callable
3133EN6K1 14676 Federal Farm Credit Bank 5,000,000.00 5,000,000.00 4,651,150.00 4.220 4.220 01/23/2030 2,306 AAA 3133EN6K1 14677 Federal Farm Credit Bank 5,000,000.00 5,000,000.00 4,651,150.00 4.220 4.220 01/23/2030 2,306 AAA 3133EPAJ4 14679 Federal Farm Credit Bank 5,000,000.00 5,000,000.00 4,628,400.00 4.000 4.000 02/09/2033 3,419 AAA 3130ARXL0 14649 Federal Home Loan Banks 5,000,000.00 5,000,000.00 4,866,650.00 3.000 3.000 11/25/2024 421 AAA 3130AULM4 14678 Federal Home Loan Banks 5,000,000.00 5,000,000.00 4,822,950.00 5.620 5.620 01/26/2033 3,405 AAA 25,000,000.00 25,000,000.00 23,620,300.00 4.212 2,371 Federal Agency Continuously Callable
31422XJW3 14638 Farmer Mac 10000000.00 10000000. 00 9118900.00 1.500 0. 300 07/20/2026 1,023 AAA 31422XZ47 14681 Farmer Mac 5000000.00 5000000. 00 4871000.00 5.675 5. 675 03/20/2030 2,362 AAA 3133ENUV0 14644 Federal Farm Credit Bank 5000000.00 5000000.00 4500550.00 4.000 4.000 04/19/2032 3,123 AAA 3133ENVV9 14647 Federal Farm Credit Bank 5000000.00 5000000.00 4730700.00 3.630 3.630 05/03/2027 1,310 AAA 3133ENWW6 14653 Federal Farm Credit Bank 4995246.80 5000000.00 4567550.00 4.370 4.384 05/17/2032 3,151 AAA 3133EN5C0 14675 Federal Farm Credit Bank 4994756.26 5000000.00 4863500.00 5.370 5.394 12/27/2028 1,914 AAA 3133EPEK7 14682 Federal Farm Credit Bank 5000000.00 5000000.00 4814300.00 4. 620 4.620 04/03/2025 550 AAA 3133EPQT5 14695 Federal Farm Credit Bank 5000000.00 5000000.00 4844900.00 5.650 5.292 07/25/2033 3,585 AAA 3130AMAV4 14611 Federal Home Loan Banks 5600000.00 5600000.00 4947768.00 1.250 1.125 04/29/2027 1,306 AAA 3130ALZA5 14612 Federal Home Loan Banks 9000000.00 9000000.00 8332380.00 1.000 0.500 04/29/2026 941 AAA 3130AMEX6 14613 Federal Home Loan Banks 15000000.00 15000000.00 13766100.00 1. 000 0.599 05/27/2026 969 AAA 3130AMF72 14615 Federal Home Loan Banks 15000000.00 15000000.00 13654200.00 1. 300 1.040 05/27/2026 969 AAA 3130AMFQ0 14616 Federal Home Loan Banks 15000000.00 15000000.00 13598400.00 1. 150 1.020 05/26/2026 968 AAA 3130AMFT4 14617 Federal Home Loan Banks 10000000.00 10000000.00 9090500.00 0. 625 0.625 05/27/2026 969 AAA 3130AMG22 14618 Federal Home Loan Banks 20000000.00 20000000.00 18177400.00 0. 900 0.500 05/27/2026 969 AAA 3130AMGG1 14619 Federal Home Loan Banks 10000000.00 10000000.00 9136200.00 0. 600 0.600 05/26/2026 968 AAA 3130AMFN7 14620 Federal Home Loan Banks 10000000.00 10000000.00 9145800.00 0. 750 0.500 05/26/2026 968 AAA 3130AMG55 14622 Federal Home Loan Banks 10000000.00 10000000.00 8856500.00 1.375 1.219 05/27/2027 1,334 AAA 3130AMG22 14624 Federal Home Loan Banks 10000000.00 10000000.00 9088700.00 0. 900 0.500 05/27/2026 969 AAA 3130AMLS9 14627 Federal Home Loan Banks 10000000.00 10000000.00 9124600.00 1. 000 0.875 06/17/2026 990 AAA 3130AMN24 14628 Federal Home Loan Banks 10000000.00 10000000.00 9064400.00 1. 150 1.034 06/03/2026 976 AAA 3130AMN57 14629 Federal Home Loan Banks 20000000.00 20000000.00 18113000.00 1. 100 1.013 06/03/2026 976 AAA 3130AMP71 14630 Federal Home Loan Banks 20000000.00 20000000.00 18101000.00 1. 200 1.077 06/18/2026 991 AAA 3130AMPL0 14631 Federal Home Loan Banks 15000000.00 15000000.00 13599000.00 1. 150 0.375 06/08/2026 981 AAA 3130AMMW9 14632 Federal Home Loan Banks 10000000.00 10000000.00 9158400.00 1. 500 0.500 06/10/2026 983 AAA 3130AMWM0 14634 Federal Home Loan Banks 4250000.00 4250000.00 3828230.00 1.050 0.500 06/30/2026 1,003 AAA 3130AN5U0 14642 Federal Home Loan Banks 10000000.00 10000000.00 9092600.00 1.000 0.500 07/29/2026 1,032 AAA 3130ANJY7 14643 Federal Home Loan Banks 40000000.00 40000000.00 35803200.00 1.000 0.400 08/26/2026 1,060 AAA 3130ARTE1 14645 Federal Home Loan Banks 6425000.00 6425000.00 5785070.00 4.100 4.100 04/26/2032 3,130 AAA

Exhibit 2-A
CUSIP Investment # Issuer Book Value Par Value Market Value Current
Rate
YTM/C
365
Maturity
Date
Days To
Maturity
Moody's
Rating
City of Berkeley
Pooled Cash and Investments
As of September 30, 2023
3130ARX71 14648 Federal Home Loan Banks 5000000.00 5000000.00 4830400.00 3. 000 3.000 05/23/2025 600 AAA 3130ARYA3 14651 Federal Home Loan Banks 5000000.00 5000000.00 4774400.00 4.000 4.000 05/26/2027 1,333 AAA 3130AS7K9 14654 Federal Home Loan Banks 5000000.00 5000000.00 4583700.00 4.440 4.440 05/26/2032 3,160 AAA 3130ASGF0 14656 Federal Home Loan Banks 5000000.00 5000000.00 4876850.00 4. 000 4.000 06/30/2025 638 AAA 3130ATDV6 14662 Federal Home Loan Banks 5000000.00 5000000.00 4875300.00 5.000 5.000 09/30/2027 1,460 AAA 3130AXDY1 14699 Federal Home Loan Banks 5000000.00 5000000.00 5002550.00 5. 550 5.550 09/26/2025 726 AAA 3134GXRS5 14646 Federal Home Loan Mortgage Co 5000000.00 5000000.00 4822850.00 3.100 3.100 04/29/2025 576 AAA 3134GXC28 14657 Federal Home Loan Mortgage Co 5000000.00 5000000.00 4881750.00 4. 100 4.104 07/18/2025 656 AAA 3134GXC36 14658 Federal Home Loan Mortgage Co 5000000.00 5000000.00 4905250.00 4. 000 4.000 12/30/2024 456 AAA 3134GYPL0 14685 Federal Home Loan Mortgage Co 5000000.00 5000000.00 4904450.00 5.250 5.251 05/01/2028 1,674 AAA 3134GYWC2 14694 Federal Home Loan Mortgage Co 4998072.22 5000000.00 4940450.00 6.000 6.009 07/26/2028 1,760 AAA 3134GYXR8 14696 Federal Home Loan Mortgage Co 2000000.00 2000000.00 1975740.00 6.000 5.327 07/27/2028 1,761 AAA 377,263,075.28 377,275,000.00 347,148,538.00 1.745 1,201 Medium Term Notes Continuous Callable Bonds
06051GLG2 14688 Bank of America Corporation 1,000,000.00 1,000,000.00 963,300.00 5.202 5.202 04/25/2029 2,033 A1 Subtotal and Average 1,000,000.00 1,000,000.00 963,300.00 5.202 2,033 Municipal Bonds
13063DGB8 14559 General Obligation Unlimited 5,022,020.24 5,000,000.00 4,854,950.00 3.375 3.087 04/01/2025 548 AA2 Subtotal and Average 5,022,020.24 5,000,000.00 4,854,950.00 3.087 548 Total Investments and Average 583,585,611.09 583,913,000.00 545,919,515.04 2.516 1,242 Total Investments (Book Value) 583,585,611.09
Cash 68,840,043.00
Total Investments (Book Value) and Cash 652,425,654.09
Increase / (Decrease) in Market Value of Securities (37,666,096.05) Total Investments (Market Value) and Cash 614,759,558.04

Pooled Investments Selected Funds
Interest Earnings
Exhibit 2-B.1
Sorted by Fund - Fund
July 1, 2023 - July 31, 2023
Yield on Average Book Value
Maturity
Date
Current
Rate
Ending
Par Value
AverageSecurity
TypeFund Book Value
Beginning
Book Value
Adjusted Interest Earnings
Accretion
Amortization/
Earnings
Adjusted InterestAnnualized
YieldCUSIP Investment #
Interest
Earned
Fund: Pooled Investment - Long Term
4,250,000.0014634 4,250,000.00 1.050MC5 06/30/2026 3,718.75 0.00 3,718.751.030010 4,250,000.003130AMWM0 15,000,000.0014631 15,000,000.00 1.150MC5 06/08/2026 14,375.00 0.00 14,375.001.128010 15,000,000.003130AMPL0 20,000,000.0014630 20,000,000.00 1.200MC5 06/18/2026 20,000.00 0.00 20,000.001.177010 20,000,000.003130AMP71 10,000,000.0014632 10,000,000.00 1.500MC5 06/10/2026 12,500.00 0.00 12,500.001.472010 10,000,000.003130AMMW9 10,000,000.0014642 10,000,000.00 1.000MC5 07/29/2026 7,361.11 0.00 7,361.110.867010 10,000,000.003130AN5U0 40,000,000.0014643 40,000,000.00 1.000MC5 08/26/2026 33,333.33 0.00 33,333.330.981010 40,000,000.003130ANJY7 5,000,000.0014651 5,000,000.00 4.000MC5 05/26/2027 16,666.67 0.00 16,666.673.925010 5,000,000.003130ARYA3 5,000,000.0014649 5,000,000.00 3.000MC4 11/25/2024 12,500.00 0.00 12,500.002.944010 5,000,000.003130ARXL0 6,425,000.0014645 6,425,000.00 4.100MC5 04/26/2032 21,952.08 0.00 21,952.084.023010 6,425,000.003130ARTE1 5,000,000.0014648 5,000,000.00 3.000MC5 05/23/2025 12,500.00 0.00 12,500.002.944010 5,000,000.003130ARX71 20,000,000.0014629 20,000,000.00 1.100MC5 06/03/2026 18,333.33 0.00 18,333.331.079010 20,000,000.003130AMN57 10,000,000.0014628 10,000,000.00 1.150MC5 06/03/2026 9,583.33 0.00 9,583.331.128010 10,000,000.003130AMN24 9,000,000.0014612 9,000,000.00 1.000MC5 04/29/2026 7,500.00 0.00 7,500.000.981010 9,000,000.003130ALZA5 5,600,000.0014611 5,600,000.00 1.250MC5 04/29/2027 5,833.33 0.00 5,833.331.226010 5,600,000.003130AMAV4 15,000,000.0014613 15,000,000.00 1.000MC5 05/27/2026 12,500.00 0.00 12,500.000.981010 15,000,000.003130AMEX6 15,000,000.0014616 15,000,000.00 1.150MC5 05/26/2026 14,375.00 0.00 14,375.001.128010 15,000,000.003130AMFQ0 15,000,000.0014615 15,000,000.00 1.300MC5 05/27/2026 16,250.00 0.00 16,250.001.276010 15,000,000.003130AMF72 10,000,000.0014624 10,000,000.00 0.900MC5 05/27/2026 7,500.00 0.00 7,500.000.883010 10,000,000.003130AMG22 10,000,000.0014627 10,000,000.00 1.000MC5 06/17/2026 8,333.33 0.00 8,333.330.981010 10,000,000.003130AMLS9 10,000,000.0014622 10,000,000.00 1.375MC5 05/27/2027 11,458.33 0.00 11,458.331.349010 10,000,000.003130AMG55 10,000,000.0014619 10,000,000.00 0.600MC5 05/26/2026 5,000.00 0.00 5,000.000.589010 10,000,000.003130AMGG1 10,000,000.0014620 10,000,000.00 0.750MC5 05/26/2026 6,250.00 0.00 6,250.000.736010 10,000,000.003130AMFN7 10,000,000.0014617 10,000,000.00 1.250MC5 05/27/2026 10,416.67 0.00 10,416.671.226010 10,000,000.003130AMFT4 20,000,000.0014618 20,000,000.00 0.900MC5 05/27/2026 15,000.00 0.00 15,000.000.883010 20,000,000.003130AMG22 5,000,000.0014654 5,000,000.00 4.440MC5 05/26/2032 18,500.00 0.00 18,500.004.356010 5,000,000.003130AS7K9 5,000,000.0014656 5,000,000.00 4.000MC5 06/30/2025 16,666.67 0.00 16,666.673.925010 5,000,000.003130ASGF0 4,997,914.7614661 5,000,000.00 3.875FAC 12/08/2023 16,145.83 443.56 16,589.393.908010 4,997,678.673130ATDK0 5,000,000.0014678 5,000,000.00 5.620MC4 01/26/2033 23,416.67 0.00 23,416.675.514010 5,000,000.003130AULM4 8,000,000.0014665 8,000,000.00 4.700MC4 09/29/2027 31,333.33 0.00 31,333.334.612010 8,000,000.003130ATH42 5,000,000.0014662 5,000,000.00 5.000MC5 09/30/2027 20,833.33 0.00 20,833.334.906010 5,000,000.003130ATDV6

Maturity
Date
Current
Rate
Ending
Par Value
AverageSecurity
TypeFund
Exhibit 2-B.1
Book Value
Beginning
Book Value
Adjusted Interest Earnings
Accretion
Amortization/
Earnings
Adjusted Interest
July 1, 2023 - July 31, 2023
Interest Earnings
Pooled Investments Selected Funds
Annualized
YieldCUSIP Investment #
Interest
Earned
Fund: Pooled Investment - Long Term
4,995,467.2714687 5,000,000.00 4.250FAC 07/24/2025 17,708.33 187.03 17,895.364.218010 4,995,367.723133EPGS8 4,174,581.3314689 5,000,000.00 4.375FAC 07/06/2026 15,190.97 530.09 15,721.064.434010 0.003133EPPE9 4,959,385.4414686 5,000,000.00 4.000FAC 04/20/2033 16,666.67 346.83 17,013.504.039010 4,959,200.843133EPGG4 4,315,168.3814690 5,000,000.00 4.125FAC 07/05/2029 14,895.83 551.82 15,447.654.215010 0.003133EPPF6 1,129,032.2614695 5,000,000.00 5.650MC5 07/25/2033 4,708.33 0.00 4,708.334.910010 0.003133EPQT5 4,995,133.5114653 5,000,000.00 4.370MC5 05/17/2032 18,208.33 45.91 18,254.244.303010 4,995,109.073133ENWW6 5,000,000.0014682 5,000,000.00 4.620MC5 04/03/2025 19,250.00 0.00 19,250.004.533010 5,000,000.003133EPEK7 4,985,722.9914664 5,000,000.00 3.750FAC 09/22/2025 15,625.00 545.60 16,170.603.819010 4,985,432.593133ENN22 4,986,451.1814669 5,000,000.00 4.500FAC 07/27/2026 18,750.00 372.89 19,122.894.515010 4,986,252.703133ENV72 4,643,252.4314668 5,000,000.00 3.875FAC 09/20/2032 16,145.83 3,240.18 19,386.014.916010 4,641,527.823133ENN30 4,994,550.4214675 5,000,000.00 5.370MC5 12/27/2028 22,375.00 83.41 22,458.415.294010 4,994,506.023133EN5C0 5,000,000.0014644 5,000,000.00 4.000MC5 04/19/2032 16,666.67 0.00 16,666.673.925010 5,000,000.003133ENUV0 5,000,000.0014676 5,000,000.00 4.220MC4 01/23/2030 17,583.33 0.00 17,583.334.141010 5,000,000.003133EN6K1 4,984,678.9314666 5,000,000.00 4.250FAC 09/30/2025 17,708.33 579.56 18,287.894.320010 4,984,371.083133ENP95 4,999,342.5314667 5,000,000.00 4.125FAC 10/14/2027 17,187.50 12.92 17,200.424.051010 4,999,335.653133ENS50 5,000,000.0014679 5,000,000.00 4.000MC4 02/09/2033 16,666.67 0.00 16,666.673.925010 5,000,000.003133EPAJ4 5,000,000.0014677 5,000,000.00 4.220MC4 01/23/2030 17,583.33 0.00 17,583.334.141010 5,000,000.003133EN6K1 5,000,000.0014647 5,000,000.00 3.630MC5 05/03/2027 15,125.00 0.00 15,125.003.562010 5,000,000.003133ENVV9 5,000,000.0014658 5,000,000.00 4.000MC5 12/30/2024 16,666.67 0.00 16,666.673.925010 5,000,000.003134GXC36 5,000,000.0014646 5,000,000.00 3.100MC5 04/29/2025 12,916.67 0.00 12,916.673.042010 5,000,000.003134GXRS5 5,000,000.0014657 5,000,000.00 4.100MC5 07/18/2025 17,083.33 0.00 17,083.334.023010 5,000,000.003134GXC28 967,355.5614694 5,000,000.00 6.000MC5 07/26/2028 4,166.67 5.56 4,172.235.078010 0.003134GYWC2 5,000,000.0014685 5,000,000.00 5.250MC5 05/01/2028 21,875.00 0.00 21,875.005.151010 5,000,000.003134GYPL0 322,580.6514696 2,000,000.00 6.000MC5 07/27/2028 1,333.33 0.00 1,333.334.867010 0.003134GYXR8 10,821,792.7514670 10,000,000.00 7.250MTN 04/01/2032 60,416.67 -7,866.47 52,550.205.718010 10,825,979.74617446HD4 1,000,000.0014688 1,000,000.00 5.202MC6 04/25/2029 4,335.00 0.00 4,335.005.104010 1,000,000.0006051GLG2 10,000,000.0014638 10,000,000.00 1.500MC5 07/20/2026 12,500.00 0.00 12,500.001.472010 10,000,000.0031422XJW3 5,000,000.0014681 5,000,000.00 5.675MC5 03/20/2030 23,645.83 0.00 23,645.835.568010 5,000,000.0031422XZ47 2,258,148.6314548 0.00 3.625MTN 07/15/2023 7,048.61 -401.15 6,647.463.466010 5,000,401.1568389XAS4 5,003,787.3714554 5,000,000.00 3.650MTN 10/12/2023 15,208.33 -1,336.21 13,872.123.264010 5,004,498.5824422EUM9 4,981,356.9014663 5,000,000.00 4.150MTN 09/15/2027 17,291.67 373.35 17,665.024.175010 4,981,158.1824422EWK1 5,003,027.9214557 5,000,000.00 3.500MC3 01/23/2024 14,583.33 -488.29 14,095.043.317010 5,003,287.82693475AV7 5,025,039.1514559 5,000,000.00 3.375MUN 04/01/2025 14,062.50 -1,223.34 12,839.163.008010 5,025,690.2813063DGB8 5,013,184.3814561 5,000,000.00 3.750MC3 12/06/2023 15,625.00 -2,844.89 12,780.113.002010 5,014,698.6005531FBF9 2,848,041.9014693 5,000,000.00 3.000MC3 07/30/2029 8,333.34 7,340.52 15,673.866.480010 0.0091159HHW3 4,716,703.1914684 5,000,000.00 3.100MC3 04/27/2026 12,916.67 8,498.63 21,415.305.346010 4,712,179.7391159HHM5 5,098,689.7314562 5,000,000.00 3.950MC3 11/17/2025 16,458.33 -3,524.50 12,933.832.987010 5,100,565.6891159HHU7

Maturity
Date
Current
Rate
Ending
Par Value
AverageSecurity
TypeFund
Exhibit 2-B.1
Book Value
Beginning
Book Value
Adjusted Interest Earnings
Accretion
Amortization/
Earnings
Adjusted Interest
July 1, 2023 - July 31, 2023
Interest Earnings
Pooled Investments Selected Funds
Annualized
YieldCUSIP Investment #
Interest
Earned
Fund: Pooled Investment - Long Term
5,025,742.6814563 5,000,000.00 3.375MTN 08/15/2025 14,062.50 -1,032.41 13,030.093.053010 5,026,292.1920030NBN0 6,132,821.7114587 5,963,000.00 3.250MTN 05/20/2027 16,149.79 -3,683.68 12,466.112.393010 6,134,782.38747525AU7 4,994,179.7014564 5,000,000.00 2.900MTN 05/20/2024 12,083.33 576.20 12,659.532.985010 4,993,873.01747525AT0 5,061,787.9114566 5,000,000.00 3.750MC3 09/15/2025 15,625.00 -2,382.47 13,242.533.080010 5,063,056.00751212AC5 5,062,433.1614570 5,000,000.00 3.650MTN 03/01/2026 15,208.33 -1,984.03 13,224.303.076010 5,063,489.18375558BF9 3,776,699.1114574 3,725,000.00 3.450MTN 01/06/2027 10,709.38 -1,241.74 9,467.642.952010 3,777,360.04233851CU6 5,039,751.2814571 5,000,000.00 3.450MTN 01/06/2027 14,375.00 -954.77 13,420.233.135010 5,040,259.46233851CU6 1,010,661.7614582 1,000,000.00 4.250MTN 02/15/2024 3,541.67 -1,537.52 2,004.152.335010 1,011,480.12008252AM0 5,216,553.7114588 5,000,000.00 3.800MTN 10/30/2026 15,833.33 -5,491.34 10,341.992.334010 5,219,470.6207330MAA5 5,965,000.4714590 5,950,000.00 2.500MTN 01/14/2025 12,395.83 -837.97 11,557.862.281010 5,965,446.4904685A2L4 4,948,509.2214602 5,000,000.00 2.500MTN 01/14/2025 10,416.67 2,876.41 13,293.083.163010 4,946,978.2304685A2L4 4,998,584.6414606 5,000,000.00 3.375MTN 10/01/2024 14,062.50 97.83 14,160.333.335010 4,998,532.57828807CS4 5,000,000.0014655 5,000,000.00 5.000MC3 05/31/2032 20,833.33 0.00 20,833.334.906010 5,000,000.0022553PXJ3 5,000,000.0014652 5,000,000.00 4.050MC3 05/25/2025 16,875.00 0.00 16,875.003.974010 5,000,000.0022553PWD7 4,892,436.3514659 5,000,000.00 3.000MTN 08/07/2025 12,500.00 4,360.49 16,860.494.058010 4,890,115.4488579YAR2 4,843,542.8414660 5,000,000.00 3.500MTN 08/15/2027 14,583.33 3,197.28 17,780.614.322010 4,841,841.0730303M8G0 582,913,000.00Subtotal 572,464,094.12 2.553 1,241,338.44-2,564.711,243,903.15561,455,218.72 Fund: Fidelity MM - Trans
21,015,739.6814190 0.00 0.002RRP 42.38 0.00 42.380.002030 14,325,562.18SYS14190

0.00Subtotal 21,015,739.68 0.002 42.380.0042.3814,325,562.18 Fund: Fidelity MM - Regular
126,742,534.2914265 87,764,950.06 0.003RRP 633,565.29 0.00 633,565.295.886040 150,205,822.59SYS14265 87,764,950.06Subtotal 126,742,534.29 5.886 633,565.290.00633,565.29150,205,822.59 670,677,950.06Total 720,222,368.10 3.065 1,874,946.11-2,564.711,877,510.82725,986,603.49

Pooled Investments Selected Funds
Interest Earnings
Exhibit 2-B.2
Sorted by Fund - Fund
August 1, 2023 - August 31, 2023
Yield on Average Book Value
Maturity
Date
Current
Rate
Ending
Par Value
AverageSecurity
TypeFund Book Value
Beginning
Book Value
Adjusted Interest Earnings
Accretion
Amortization/
Earnings
Adjusted InterestAnnualized
YieldCUSIP Investment #
Interest
Earned
Fund: Pooled Investment - Long Term
4,250,000.0014634 4,250,000.00 1.050MC5 06/30/2026 3,718.75 0.00 3,718.751.030010 4,250,000.003130AMWM0 15,000,000.0014631 15,000,000.00 1.150MC5 06/08/2026 14,375.00 0.00 14,375.001.128010 15,000,000.003130AMPL0 20,000,000.0014630 20,000,000.00 1.200MC5 06/18/2026 20,000.00 0.00 20,000.001.177010 20,000,000.003130AMP71 10,000,000.0014632 10,000,000.00 1.500MC5 06/10/2026 12,500.00 0.00 12,500.001.472010 10,000,000.003130AMMW9 10,000,000.0014642 10,000,000.00 1.000MC5 07/29/2026 8,333.33 0.00 8,333.330.981010 10,000,000.003130AN5U0 40,000,000.0014643 40,000,000.00 1.000MC5 08/26/2026 33,333.33 0.00 33,333.330.981010 40,000,000.003130ANJY7 5,000,000.0014651 5,000,000.00 4.000MC5 05/26/2027 16,666.67 0.00 16,666.673.925010 5,000,000.003130ARYA3 5,000,000.0014649 5,000,000.00 3.000MC4 11/25/2024 12,500.00 0.00 12,500.002.944010 5,000,000.003130ARXL0 6,425,000.0014645 6,425,000.00 4.100MC5 04/26/2032 21,952.08 0.00 21,952.084.023010 6,425,000.003130ARTE1 5,000,000.0014648 5,000,000.00 3.000MC5 05/23/2025 12,500.00 0.00 12,500.002.944010 5,000,000.003130ARX71 20,000,000.0014629 20,000,000.00 1.100MC5 06/03/2026 18,333.33 0.00 18,333.331.079010 20,000,000.003130AMN57 10,000,000.0014628 10,000,000.00 1.150MC5 06/03/2026 9,583.33 0.00 9,583.331.128010 10,000,000.003130AMN24 9,000,000.0014612 9,000,000.00 1.000MC5 04/29/2026 7,500.00 0.00 7,500.000.981010 9,000,000.003130ALZA5 5,600,000.0014611 5,600,000.00 1.250MC5 04/29/2027 5,833.33 0.00 5,833.331.226010 5,600,000.003130AMAV4 15,000,000.0014613 15,000,000.00 1.000MC5 05/27/2026 12,500.00 0.00 12,500.000.981010 15,000,000.003130AMEX6 15,000,000.0014616 15,000,000.00 1.150MC5 05/26/2026 14,375.00 0.00 14,375.001.128010 15,000,000.003130AMFQ0 15,000,000.0014615 15,000,000.00 1.300MC5 05/27/2026 16,250.00 0.00 16,250.001.276010 15,000,000.003130AMF72 10,000,000.0014624 10,000,000.00 0.900MC5 05/27/2026 7,500.00 0.00 7,500.000.883010 10,000,000.003130AMG22 10,000,000.0014627 10,000,000.00 1.000MC5 06/17/2026 8,333.33 0.00 8,333.330.981010 10,000,000.003130AMLS9 10,000,000.0014622 10,000,000.00 1.375MC5 05/27/2027 11,458.33 0.00 11,458.331.349010 10,000,000.003130AMG55 10,000,000.0014619 10,000,000.00 0.600MC5 05/26/2026 5,000.00 0.00 5,000.000.589010 10,000,000.003130AMGG1 10,000,000.0014620 10,000,000.00 0.750MC5 05/26/2026 6,250.00 0.00 6,250.000.736010 10,000,000.003130AMFN7 10,000,000.0014617 10,000,000.00 1.250MC5 05/27/2026 10,416.67 0.00 10,416.671.226010 10,000,000.003130AMFT4 20,000,000.0014618 20,000,000.00 0.900MC5 05/27/2026 15,000.00 0.00 15,000.000.883010 20,000,000.003130AMG22 5,000,000.0014654 5,000,000.00 4.440MC5 05/26/2032 18,500.00 0.00 18,500.004.356010 5,000,000.003130AS7K9 5,000,000.0014656 5,000,000.00 4.000MC5 06/30/2025 16,666.67 0.00 16,666.673.925010 5,000,000.003130ASGF0 4,998,358.3314661 5,000,000.00 3.875FAC 12/08/2023 16,145.83 443.57 16,589.403.908010 4,998,122.233130ATDK0 5,000,000.0014678 5,000,000.00 5.620MC4 01/26/2033 23,416.67 0.00 23,416.675.514010 5,000,000.003130AULM4 8,000,000.0014665 8,000,000.00 4.700MC4 09/29/2027 31,333.33 0.00 31,333.334.612010 8,000,000.003130ATH42 5,000,000.0014662 5,000,000.00 5.000MC5 09/30/2027 20,833.33 0.00 20,833.334.906010 5,000,000.003130ATDV6

Maturity
Date
Current
Rate
Ending
Par Value
AverageSecurity
TypeFund
Exhibit 2-B.2
Book Value
Beginning
Book Value
Adjusted Interest Earnings
Accretion
Amortization/
Earnings
Adjusted Interest
August 1, 2023 - August 31, 2023
Interest Earnings
Pooled Investments Selected Funds
Annualized
YieldCUSIP Investment #
Interest
Earned
Fund: Pooled Investment - Long Term
4,995,654.3114687 5,000,000.00 4.250FAC 07/24/2025 17,708.33 187.04 17,895.374.218010 4,995,554.753133EPGS8 4,977,968.6714689 5,000,000.00 4.375FAC 07/06/2026 18,229.17 636.11 18,865.284.462010 4,977,630.093133EPPE9 4,959,732.2814686 5,000,000.00 4.000FAC 04/20/2033 16,666.67 346.84 17,013.514.039010 4,959,547.673133EPGG4 4,955,046.9614690 5,000,000.00 4.125FAC 07/05/2029 17,187.50 636.72 17,824.224.235010 4,954,708.063133EPPF6 5,000,000.0014695 5,000,000.00 5.650MC5 07/25/2033 23,541.67 0.00 23,541.675.544010 5,000,000.003133EPQT5 4,995,179.4214653 5,000,000.00 4.370MC5 05/17/2032 18,208.33 45.91 18,254.244.303010 4,995,154.983133ENWW6 5,000,000.0014682 5,000,000.00 4.620MC5 04/03/2025 19,250.00 0.00 19,250.004.533010 5,000,000.003133EPEK7 4,986,268.5814664 5,000,000.00 3.750FAC 09/22/2025 15,625.00 545.59 16,170.593.818010 4,985,978.193133ENN22 4,986,824.0714669 5,000,000.00 4.500FAC 07/27/2026 18,750.00 372.89 19,122.894.515010 4,986,625.593133ENV72 4,646,492.6214668 5,000,000.00 3.875FAC 09/20/2032 16,145.83 3,240.19 19,386.024.912010 4,644,768.003133ENN30 4,994,633.8314675 5,000,000.00 5.370MC5 12/27/2028 22,375.00 83.42 22,458.425.294010 4,994,589.433133EN5C0 5,000,000.0014644 5,000,000.00 4.000MC5 04/19/2032 16,666.67 0.00 16,666.673.925010 5,000,000.003133ENUV0 5,000,000.0014676 5,000,000.00 4.220MC4 01/23/2030 17,583.33 0.00 17,583.334.141010 5,000,000.003133EN6K1 4,985,258.5014666 5,000,000.00 4.250FAC 09/30/2025 17,708.33 579.57 18,287.904.319010 4,984,950.643133ENP95 4,999,355.4414667 5,000,000.00 4.125FAC 10/14/2027 17,187.50 12.92 17,200.424.051010 4,999,348.573133ENS50 5,000,000.0014679 5,000,000.00 4.000MC4 02/09/2033 16,666.67 0.00 16,666.673.925010 5,000,000.003133EPAJ4 5,000,000.0014677 5,000,000.00 4.220MC4 01/23/2030 17,583.33 0.00 17,583.334.141010 5,000,000.003133EN6K1 5,000,000.0014647 5,000,000.00 3.630MC5 05/03/2027 15,125.00 0.00 15,125.003.562010 5,000,000.003133ENVV9 5,000,000.0014658 5,000,000.00 4.000MC5 12/30/2024 16,666.67 0.00 16,666.673.925010 5,000,000.003134GXC36 5,000,000.0014646 5,000,000.00 3.100MC5 04/29/2025 12,916.67 0.00 12,916.673.042010 5,000,000.003134GXRS5 5,000,000.0014657 5,000,000.00 4.100MC5 07/18/2025 17,083.33 0.00 17,083.334.023010 5,000,000.003134GXC28 4,998,023.3014694 5,000,000.00 6.000MC5 07/26/2028 25,000.00 33.33 25,033.335.897010 4,998,005.563134GYWC2 5,000,000.0014685 5,000,000.00 5.250MC5 05/01/2028 21,875.00 0.00 21,875.005.151010 5,000,000.003134GYPL0 2,000,000.0014696 2,000,000.00 6.000MC5 07/27/2028 10,000.00 0.00 10,000.005.887010 2,000,000.003134GYXR8 10,813,926.2814670 10,000,000.00 7.250MTN 04/01/2032 60,416.67 -7,866.47 52,550.205.722010 10,818,113.27617446HD4 1,000,000.0014688 1,000,000.00 5.202MC6 04/25/2029 4,335.00 0.00 4,335.005.104010 1,000,000.0006051GLG2 10,000,000.0014638 10,000,000.00 1.500MC5 07/20/2026 12,500.00 0.00 12,500.001.472010 10,000,000.0031422XJW3 5,000,000.0014681 5,000,000.00 5.675MC5 03/20/2030 23,645.83 0.00 23,645.835.568010 5,000,000.0031422XZ47 5,002,451.1614554 5,000,000.00 3.650MTN 10/12/2023 15,208.33 -1,336.21 13,872.123.265010 5,003,162.3724422EUM9 4,981,730.2514663 5,000,000.00 4.150MTN 09/15/2027 17,291.67 373.36 17,665.034.175010 4,981,531.5324422EWK1 5,002,539.6314557 5,000,000.00 3.500MC3 01/23/2024 14,583.33 -488.29 14,095.043.317010 5,002,799.53693475AV7 5,023,815.8014559 5,000,000.00 3.375MUN 04/01/2025 14,062.50 -1,223.35 12,839.153.009010 5,024,466.9413063DGB8 5,010,339.4914561 5,000,000.00 3.750MC3 12/06/2023 15,625.00 -2,844.89 12,780.113.003010 5,011,853.7105531FBF9 4,213,439.2614693 5,000,000.00 3.000MC3 07/30/2029 12,500.00 11,010.79 23,510.796.570010 4,207,590.5291159HHW3 4,725,201.8214684 5,000,000.00 3.100MC3 04/27/2026 12,916.67 8,498.63 21,415.305.336010 4,720,678.3691159HHM5 5,095,165.2414562 5,000,000.00 3.950MC3 11/17/2025 16,458.33 -3,524.50 12,933.832.989010 5,097,041.1891159HHU7 5,024,710.2614563 5,000,000.00 3.375MTN 08/15/2025 14,062.50 -1,032.42 13,030.083.053010 5,025,259.7820030NBN0

Maturity
Date
Current
Rate
Ending
Par Value
AverageSecurity
TypeFund
Exhibit 2-B.2
Book Value
Beginning
Book Value
Adjusted Interest Earnings
Accretion
Amortization/
Earnings
Adjusted Interest
August 1, 2023 - August 31, 2023
Interest Earnings
Pooled Investments Selected Funds
Annualized
YieldCUSIP Investment #
Interest
Earned
Fund: Pooled Investment - Long Term
6,129,138.0314587 5,963,000.00 3.250MTN 05/20/2027 16,149.79 -3,683.68 12,466.112.395010 6,131,098.70747525AU7 4,994,755.9014564 5,000,000.00 2.900MTN 05/20/2024 12,083.33 576.21 12,659.542.984010 4,994,449.21747525AT0 5,059,405.4414566 5,000,000.00 3.750MC3 09/15/2025 15,625.00 -2,382.47 13,242.533.082010 5,060,673.53751212AC5 5,060,449.1314570 5,000,000.00 3.650MTN 03/01/2026 15,208.33 -1,984.04 13,224.293.077010 5,061,505.15375558BF9 3,775,457.3714574 3,725,000.00 3.450MTN 01/06/2027 10,709.38 -1,241.74 9,467.642.953010 3,776,118.30233851CU6 5,038,796.5114571 5,000,000.00 3.450MTN 01/06/2027 14,375.00 -954.77 13,420.233.136010 5,039,304.69233851CU6 1,009,124.2514582 1,000,000.00 4.250MTN 02/15/2024 3,541.67 -1,537.51 2,004.162.338010 1,009,942.60008252AM0 5,211,062.3714588 5,000,000.00 3.800MTN 10/30/2026 15,833.33 -5,491.34 10,341.992.337010 5,213,979.2807330MAA5 5,964,162.5114590 5,950,000.00 2.500MTN 01/14/2025 12,395.83 -837.96 11,557.872.282010 5,964,608.5204685A2L4 4,951,385.6314602 5,000,000.00 2.500MTN 01/14/2025 10,416.67 2,876.40 13,293.073.161010 4,949,854.6404685A2L4 4,998,682.4714606 5,000,000.00 3.375MTN 10/01/2024 14,062.50 97.82 14,160.323.335010 4,998,630.40828807CS4 5,000,000.0014655 5,000,000.00 5.000MC3 05/31/2032 20,833.33 0.00 20,833.334.906010 5,000,000.0022553PXJ3 5,000,000.0014652 5,000,000.00 4.050MC3 05/25/2025 16,875.00 0.00 16,875.003.974010 5,000,000.0022553PWD7 4,896,796.8414659 5,000,000.00 3.000MTN 08/07/2025 12,500.00 4,360.50 16,860.504.054010 4,894,475.9388579YAR2 4,846,740.1314660 5,000,000.00 3.500MTN 08/15/2027 14,583.33 3,197.28 17,780.614.319010 4,845,038.3530303M8G0 3,741,935.4814698 4,000,000.00 5.272MC3 08/03/2026 16,401.78 0.00 16,401.785.161010 0.00857477CD3 586,913,000.00Subtotal 586,325,007.55 2.638 1,313,783.861,725.451,312,058.41582,582,160.25 Fund: Fidelity MM - Regular
80,586,210.2714265 72,724,016.51 0.003RRP 359,066.45 0.00 359,066.455.246040 87,764,950.06SYS14265 72,724,016.51Subtotal 80,586,210.27 5.246 359,066.450.00359,066.4587,764,950.06 659,637,016.51Total 666,911,217.82 2.953 1,672,850.311,725.451,671,124.86670,347,110.31

Pooled Investments Selected Funds
Interest Earnings
Exhibit 2-B.3
Sorted by Fund - Fund
September 1, 2023 - September 30, 2023
Yield on Average Book Value
Maturity
Date
Current
Rate
Ending
Par Value
AverageSecurity
TypeFund Book Value
Beginning
Book Value
Adjusted Interest Earnings
Accretion
Amortization/
Earnings
Adjusted InterestAnnualized
YieldCUSIP Investment #
Interest
Earned
Fund: Pooled Investment - Long Term
4,250,000.0014634 4,250,000.00 1.050MC5 06/30/2026 3,718.75 0.00 3,718.751.065010 4,250,000.003130AMWM0 15,000,000.0014631 15,000,000.00 1.150MC5 06/08/2026 14,375.00 0.00 14,375.001.166010 15,000,000.003130AMPL0 20,000,000.0014630 20,000,000.00 1.200MC5 06/18/2026 20,000.00 0.00 20,000.001.217010 20,000,000.003130AMP71 10,000,000.0014632 10,000,000.00 1.500MC5 06/10/2026 12,500.00 0.00 12,500.001.521010 10,000,000.003130AMMW9 10,000,000.0014642 10,000,000.00 1.000MC5 07/29/2026 8,333.33 0.00 8,333.331.014010 10,000,000.003130AN5U0 40,000,000.0014643 40,000,000.00 1.000MC5 08/26/2026 33,333.33 0.00 33,333.331.014010 40,000,000.003130ANJY7 5,000,000.0014651 5,000,000.00 4.000MC5 05/26/2027 16,666.67 0.00 16,666.674.056010 5,000,000.003130ARYA3 5,000,000.0014649 5,000,000.00 3.000MC4 11/25/2024 12,500.00 0.00 12,500.003.042010 5,000,000.003130ARXL0 6,425,000.0014645 6,425,000.00 4.100MC5 04/26/2032 21,952.08 0.00 21,952.084.157010 6,425,000.003130ARTE1 5,000,000.0014648 5,000,000.00 3.000MC5 05/23/2025 12,500.00 0.00 12,500.003.042010 5,000,000.003130ARX71 20,000,000.0014629 20,000,000.00 1.100MC5 06/03/2026 18,333.33 0.00 18,333.331.115010 20,000,000.003130AMN57 10,000,000.0014628 10,000,000.00 1.150MC5 06/03/2026 9,583.33 0.00 9,583.331.166010 10,000,000.003130AMN24 9,000,000.0014612 9,000,000.00 1.000MC5 04/29/2026 7,500.00 0.00 7,500.001.014010 9,000,000.003130ALZA5 5,600,000.0014611 5,600,000.00 1.250MC5 04/29/2027 5,833.33 0.00 5,833.331.267010 5,600,000.003130AMAV4 15,000,000.0014613 15,000,000.00 1.000MC5 05/27/2026 12,500.00 0.00 12,500.001.014010 15,000,000.003130AMEX6 15,000,000.0014616 15,000,000.00 1.150MC5 05/26/2026 14,375.00 0.00 14,375.001.166010 15,000,000.003130AMFQ0 15,000,000.0014615 15,000,000.00 1.300MC5 05/27/2026 16,250.00 0.00 16,250.001.318010 15,000,000.003130AMF72 10,000,000.0014624 10,000,000.00 0.900MC5 05/27/2026 7,500.00 0.00 7,500.000.913010 10,000,000.003130AMG22 10,000,000.0014627 10,000,000.00 1.000MC5 06/17/2026 8,333.33 0.00 8,333.331.014010 10,000,000.003130AMLS9 10,000,000.0014622 10,000,000.00 1.375MC5 05/27/2027 11,458.33 0.00 11,458.331.394010 10,000,000.003130AMG55 10,000,000.0014619 10,000,000.00 0.600MC5 05/26/2026 5,000.00 0.00 5,000.000.608010 10,000,000.003130AMGG1 10,000,000.0014620 10,000,000.00 0.750MC5 05/26/2026 6,250.00 0.00 6,250.000.760010 10,000,000.003130AMFN7 10,000,000.0014617 10,000,000.00 1.250MC5 05/27/2026 10,416.67 0.00 10,416.671.267010 10,000,000.003130AMFT4 20,000,000.0014618 20,000,000.00 0.900MC5 05/27/2026 15,000.00 0.00 15,000.000.913010 20,000,000.003130AMG22 5,000,000.0014654 5,000,000.00 4.440MC5 05/26/2032 18,500.00 0.00 18,500.004.502010 5,000,000.003130AS7K9 5,000,000.0014656 5,000,000.00 4.000MC5 06/30/2025 16,666.67 0.00 16,666.674.056010 5,000,000.003130ASGF0 4,998,794.9814661 5,000,000.00 3.875FAC 12/08/2023 16,145.83 443.57 16,589.404.038010 4,998,565.803130ATDK0 333,333.3314699 5,000,000.00 5.550MC5 09/26/2025 1,541.67 0.00 1,541.675.627010 0.003130AXDY1 5,000,000.0014678 5,000,000.00 5.620MC4 01/26/2033 23,416.67 0.00 23,416.675.698010 5,000,000.003130AULM4 7,466,666.6714665 0.00 4.700MC4 09/29/2027 29,244.44 0.00 29,244.444.765010 8,000,000.003130ATH42

Maturity
Date
Current
Rate
Ending
Par Value
AverageSecurity
TypeFund
Exhibit 2-B.3
Book Value
Beginning
Book Value
Adjusted Interest Earnings
Accretion
Amortization/
Earnings
Adjusted Interest
September 1, 2023 - September 30, 2023
Interest Earnings
Pooled Investments Selected Funds
Annualized
YieldCUSIP Investment #
Interest
Earned
Fund: Pooled Investment - Long Term
5,000,000.0014662 5,000,000.00 5.000MC5 09/30/2027 20,833.33 0.00 20,833.335.069010 5,000,000.003130ATDV6 4,995,838.4314687 5,000,000.00 4.250FAC 07/24/2025 17,708.33 187.04 17,895.374.358010 4,995,741.793133EPGS8 4,978,594.8614689 5,000,000.00 4.375FAC 07/06/2026 18,229.17 636.11 18,865.284.610010 4,978,266.203133EPPE9 4,960,073.7014686 5,000,000.00 4.000FAC 04/20/2033 16,666.67 346.83 17,013.504.173010 4,959,894.513133EPGG4 4,955,673.7514690 5,000,000.00 4.125FAC 07/05/2029 17,187.50 636.72 17,824.224.376010 4,955,344.783133EPPF6 5,000,000.0014695 5,000,000.00 5.650MC5 07/25/2033 23,541.67 0.00 23,541.675.728010 5,000,000.003133EPQT5 4,995,224.6114653 5,000,000.00 4.370MC5 05/17/2032 18,208.33 45.91 18,254.244.446010 4,995,200.893133ENWW6 5,000,000.0014682 5,000,000.00 4.620MC5 04/03/2025 19,250.00 0.00 19,250.004.684010 5,000,000.003133EPEK7 4,986,805.6714664 5,000,000.00 3.750FAC 09/22/2025 15,625.00 545.60 16,170.603.945010 4,986,523.783133ENN22 4,987,191.1514669 5,000,000.00 4.500FAC 07/27/2026 18,750.00 372.90 19,122.904.665010 4,986,998.483133ENV72 4,649,682.2814668 5,000,000.00 3.875FAC 09/20/2032 16,145.83 3,240.18 19,386.015.073010 4,648,008.193133ENN30 4,994,715.9414675 5,000,000.00 5.370MC5 12/27/2028 22,375.00 83.41 22,458.415.471010 4,994,672.853133EN5C0 5,000,000.0014644 5,000,000.00 4.000MC5 04/19/2032 16,666.67 0.00 16,666.674.056010 5,000,000.003133ENUV0 5,000,000.0014676 5,000,000.00 4.220MC4 01/23/2030 17,583.33 0.00 17,583.334.279010 5,000,000.003133EN6K1 4,985,829.6514666 5,000,000.00 4.250FAC 09/30/2025 17,708.33 579.56 18,287.894.463010 4,985,530.213133ENP95 4,999,368.1614667 5,000,000.00 4.125FAC 10/14/2027 17,187.50 12.91 17,200.414.186010 4,999,361.493133ENS50 5,000,000.0014679 5,000,000.00 4.000MC4 02/09/2033 16,666.67 0.00 16,666.674.056010 5,000,000.003133EPAJ4 5,000,000.0014677 5,000,000.00 4.220MC4 01/23/2030 17,583.33 0.00 17,583.334.279010 5,000,000.003133EN6K1 5,000,000.0014647 5,000,000.00 3.630MC5 05/03/2027 15,125.00 0.00 15,125.003.680010 5,000,000.003133ENVV9 5,000,000.0014658 5,000,000.00 4.000MC5 12/30/2024 16,666.67 0.00 16,666.674.056010 5,000,000.003134GXC36 5,000,000.0014646 5,000,000.00 3.100MC5 04/29/2025 12,916.67 0.00 12,916.673.143010 5,000,000.003134GXRS5 5,000,000.0014657 5,000,000.00 4.100MC5 07/18/2025 17,083.33 0.00 17,083.334.157010 5,000,000.003134GXC28 4,998,056.1114694 5,000,000.00 6.000MC5 07/26/2028 25,000.00 33.33 25,033.336.094010 4,998,038.893134GYWC2 5,000,000.0014685 5,000,000.00 5.250MC5 05/01/2028 21,875.00 0.00 21,875.005.323010 5,000,000.003134GYPL0 2,000,000.0014696 2,000,000.00 6.000MC5 07/27/2028 10,000.00 0.00 10,000.006.083010 2,000,000.003134GYXR8 10,806,182.4514670 10,000,000.00 7.250MTN 04/01/2032 60,416.67 -7,866.48 52,550.195.917010 10,810,246.80617446HD4 1,000,000.0014688 1,000,000.00 5.202MC6 04/25/2029 4,335.00 0.00 4,335.005.274010 1,000,000.0006051GLG2 10,000,000.0014638 10,000,000.00 1.500MC5 07/20/2026 12,500.00 0.00 12,500.001.521010 10,000,000.0031422XJW3 5,000,000.0014681 5,000,000.00 5.675MC5 03/20/2030 23,645.83 0.00 23,645.835.754010 5,000,000.0031422XZ47 5,001,135.7814554 5,000,000.00 3.650MTN 10/12/2023 15,208.33 -1,336.22 13,872.113.375010 5,001,826.1624422EUM9 4,982,097.7914663 5,000,000.00 4.150MTN 09/15/2027 17,291.67 373.35 17,665.024.314010 4,981,904.8924422EWK1 5,002,058.9614557 5,000,000.00 3.500MC3 01/23/2024 14,583.33 -488.29 14,095.043.428010 5,002,311.24693475AV7 5,022,611.5314559 5,000,000.00 3.375MUN 04/01/2025 14,062.50 -1,223.35 12,839.153.110010 5,023,243.5913063DGB8 5,007,538.9614561 5,000,000.00 3.750MC3 12/06/2023 15,625.00 -2,844.89 12,780.113.105010 5,009,008.8205531FBF9 4,224,290.2114693 5,000,000.00 3.000MC3 07/30/2029 12,500.00 11,010.78 23,510.786.772010 4,218,601.3191159HHW3 4,733,567.9514684 5,000,000.00 3.100MC3 04/27/2026 12,916.67 8,498.63 21,415.305.504010 4,729,176.9991159HHM5 5,091,695.6914562 5,000,000.00 3.950MC3 11/17/2025 16,458.33 -3,524.50 12,933.833.091010 5,093,516.6891159HHU7

Maturity
Date
Current
Rate
Ending
Par Value
AverageSecurity
TypeFund
Exhibit 2-B.3
Book Value
Beginning
Book Value
Adjusted Interest Earnings
Accretion
Amortization/
Earnings
Adjusted Interest
September 1, 2023 - September 30, 2023
Interest Earnings
Pooled Investments Selected Funds
Annualized
YieldCUSIP Investment #
Interest
Earned
Fund: Pooled Investment - Long Term
5,023,693.9414563 5,000,000.00 3.375MTN 08/15/2025 14,062.50 -1,032.42 13,030.083.156010 5,024,227.3620030NBN0 6,125,511.7814587 5,963,000.00 3.250MTN 05/20/2027 16,149.79 -3,683.68 12,466.112.476010 6,127,415.02747525AU7 4,995,323.1314564 5,000,000.00 2.900MTN 05/20/2024 12,083.33 576.21 12,659.543.083010 4,995,025.42747525AT0 5,057,060.1214566 5,000,000.00 3.750MC3 09/15/2025 15,625.00 -2,382.46 13,242.543.186010 5,058,291.06751212AC5 5,058,496.0214570 5,000,000.00 3.650MTN 03/01/2026 15,208.33 -1,984.04 13,224.293.181010 5,059,521.11375558BF9 3,774,234.9914574 3,725,000.00 3.450MTN 01/06/2027 10,709.38 -1,241.74 9,467.643.052010 3,774,876.56233851CU6 5,037,856.6214571 5,000,000.00 3.450MTN 01/06/2027 14,375.00 -954.77 13,420.233.241010 5,038,349.92233851CU6 1,007,610.7014582 1,000,000.00 4.250MTN 02/15/2024 3,541.67 -1,537.52 2,004.152.420010 1,008,405.09008252AM0 5,205,650.7414588 5,000,000.00 3.800MTN 10/30/2026 15,833.33 -5,491.34 10,341.992.417010 5,208,487.9407330MAA5 5,963,337.6114590 5,950,000.00 2.500MTN 01/14/2025 12,395.83 -837.97 11,557.862.358010 5,963,770.5604685A2L4 4,954,217.1914602 5,000,000.00 2.500MTN 01/14/2025 10,416.67 2,876.41 13,293.083.265010 4,952,731.0404685A2L4 4,998,778.7714606 5,000,000.00 3.375MTN 10/01/2024 14,062.50 97.83 14,160.333.447010 4,998,728.22828807CS4 5,000,000.0014655 5,000,000.00 5.000MC3 05/31/2032 20,833.33 0.00 20,833.335.069010 5,000,000.0022553PXJ3 5,000,000.0014652 5,000,000.00 4.050MC3 05/25/2025 16,875.00 0.00 16,875.004.106010 5,000,000.0022553PWD7 4,901,089.3614659 5,000,000.00 3.000MTN 08/07/2025 12,500.00 4,360.50 16,860.504.186010 4,898,836.4388579YAR2 4,849,887.5614660 5,000,000.00 3.500MTN 08/15/2027 14,583.33 3,197.28 17,780.614.461010 4,848,235.6330303M8G0 4,000,000.0014698 4,000,000.00 5.272MC3 08/03/2026 17,573.33 0.00 17,573.335.345010 4,000,000.00857477CD3 583,913,000.00Subtotal 586,384,777.15 2.727 1,314,408.131,725.391,312,682.74586,583,885.70 Fund: Fidelity MM - Regular
64,990,058.9514265 62,905,289.66 0.003RRP 281,273.15 0.00 281,273.155.266040 72,724,016.51SYS14265 62,905,289.66Subtotal 64,990,058.95 5.266 281,273.150.00281,273.1572,724,016.51 646,818,289.66Total 651,374,836.09 2.980 1,595,681.281,725.391,593,955.89659,307,902.21

Exhibit 2-C
Medium Term Notes
$121,848,827 19.82%
Federal Agency
$419,215,738 68.19%
Municipal Bonds
$4,854,950 0.79%
Bank and Money Market
Account $68,840,043

11.20%
Pooled Cash and Investments
(Market Value)
as of September 30, 2023

Exhibit 2-D
$68,840,043
$121,848,827
$419,215,738
$4,854,950
$614,759,558
$184,427,867
$614,759,558
$614,759,558

BANK ACCOUNTS

MEDIUM TERM NOTES

FEDERAL AGENCY BONDS

MUNICIPAL BONDS
City of Berkeley
Current Holdings vs. Policy Limits
as of September 30, 2023
Policy Limits
Current Holdings

Exhibit 2-E
-
100,000,000
200,000,000
300,000,000
400,000,000
500,000,000
600,000,000
700,000,000
800,000,000
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Investment Value
Pooled and Trust
Cash and Investment Portfolio Trend
as of September 30, 2023

Attachment 3
As of September 30, 2023
Pooled Cash
Investments Gain/Loss on & Investments
Pooled Cash (Book Value) Investments (Market Value)
Retiree Medical Trust Fund
Fund No.
721 BHA 39,444$ 576,223$ 4,640$ 620,307$ 722 M1=IBEW (87,916) 93,043 (6,522) (1,395) 723 M2=Local 1 655,602 11,295,412 (342,667) 11,608,347 724 MUI=Z1 38,124 2,031,399 (203,934) 1,865,589 725 MUI=Z2 to Z6 175,279 2,910,867 (197,621) 2,888,525 726 M535= Local 535 616,472 10,479,267 (767,774) 10,327,965 727 M3=Local 790 330,694 6,589,530 (331,014) 6,589,210 Total Retiree Medical Trust Fund 1,767,699.00 33,975,739 (1,844,892) 33,898,546 Fire Medical Trust Fund
736 Fire Medical Trust Fund 116,479 13,899,449 (907,683) 13,108,245 Total Fire Medical Trust Fund 116,479 13,899,449 (907,683) 13,108,245 Police Medical Trust Fund
731 Police EE Retiree HLT Assistance Plan (11,014) 2,514,554 (222,229) 2,281,310 701 Safety Members Pension Fund 97,413 97,413 706 Police Medical Trust Fund (168,234) 4,587,490 (345,761) 4,073,495 Total Police Medical Trust Fund (81,835) 7,102,044 (567,991) 6,452,218 Total Trust Funds 1,802,343$ 54,977,231$ (3,320,565)$ 53,459,009$ Summary of Pooled Cash and Investments - Trust Funds
(Market Value)

Exhibit 3-A
As of September 30, 2023
CUSIP Investment # Issuer Par Value
Beginning Book
Value
Ending Book
Value Market Value Maturity Date
Moody's
Rating
Current
Rate
Annualized
Yield Interest Earned
Amortization/
Accretion
Adjusted Interest
Earnings
Federal Agency Coupon Securities
3133EFQT7 14361 Fed Farm Credit Bank 2,600,000.00 2,604,365.78 2,603,911.02 2,473,796.00 11/25/2025 AAA 2.700 2.633 17,550.00 (454.76) 17,095.24 Medium Term Notes - Callable
665859AX2 14671 Northern Trust Corp 10,000,000.00 10,015,897.89 10,015,472.18 9,874,000.00 11/02/2032 A2 6.125 6.115 153,125.00 (425.71) 152,699.29 Federal Agency Continuous Callable
3133EPMQ5 14691 Misc Federal Farm Credit Bank 4,746,000.00 - 4,711,279.23 4,637,981.04 06/16/2033 AAA 5.360 5.429 62,183.15 874.23 63,057.38 3133EPNL5 14692 Misc Federal Farm Credit Bank 3,796,800.00 - 3,582,619.07 3,631,715.14 06/23/2033 AAA 5.180 6.056 48,075.93 5,382.05 53,457.98 Continous Callable Bonds
797440CD4 14680 San Diego Gas & Electric 2,000,000.00 1,979,175.82 1,979,350.82 1,816,340.00 04/01/2053 A1 5.350 5.457 26,750.00 175.00 26,925.00 Municipal Bonds
786091AG3 14316 SACGEN 5,000,000.00 5,112,573.82 5,099,064.96 5,117,650.00 08/01/2025 A1 7.250 6.042 90,625.00 (13,508.86) 77,116.14 Savo Island Loan
SYS10988 10988 EMPMED 104,000.00 150,000.00 104,000.00 104,000.00 09/01/2025 N/A 8.000 7.948 2,710.62 - 2,710.62 Preferred Securities
00206R706 14591 AT&T Inc. 1,680,033.60 1,680,033.60 1,680,033.60 1,278,692.24 N/A N/A 4.596 4.728 19,577.79 - 19,577.79 00206R706 14596 AT&T Inc. 1,680,008.40 1,680,008.40 1,680,008.40 1,278,673.06 N/A N/A 4.640 4.728 19,697.91 - 19,697.91 00206R706 14597 AT&T Inc. 2,520,000.00 2,520,000.00 2,520,000.00 1,918,000.00 N/A N/A 4.643 4.728 29,559.14 - 29,559.14 Total 34,126,842.00 25,742,055.31 33,975,739.28 32,130,847.48 5.417 469,854.54$ (7,958.05)$ 461,896.49$ Total Investments (Book Value) 33,975,739.28$
Gain/Loss on Investments (1,844,891.80)
Total Investments (Market Value) 32,130,847.48
Temporarily Invested with Pooled Cash & Investments 1,767,699.00 Total Pooled Cash and Investments 33,898,546.48$
Adjusted Interest Earnings
Retiree Medical Trust Fund
Fund 721 - 727
Investments Interest Earnings
July 01 to September 30, 2023
July 01 to September 30, 2023
Interest Earnings

Exhibit 3-B
CUSIP Investment # Issuer Par Value
Beginning Book
Value
Ending Book
Value Market Value Maturity Date
Moody's
Rating
Current
Rate
Annualized
Yield Interest Earned
Amortization/
Accretion
Adjusted Interest
Earnings
Medium Term Notes
6174467X1 14318 Morgan Stanley DW DTC#0015 2,000,000.00 2,018,505.87 2,016,575.94 1,960,280.00 11/24/2025 BAA1 5.000 4.582 25,000.00 (1,929.93) 23,070.07 Federal Agency Coupon Securities
3133EFQT7 14362 Fed Farm Credit Bank 2,300,000.00 2,303,862.04 2,303,459.75 2,188,358.00 11/25/2025 AAA 2.700 2.633 15,525.00 (402.29) 15,122.71 Federal Agency Continuously Callable
3133EPMQ5 14691 Fire Federal Farm Credit Bank 35,500.00 - 35,240.29 34,692.02 06/16/2033 AAA 5.360 5.429 465.13 6.54 3133EPNL5 14691 Fire Federal Farm Credit Bank 28,400.00 - 28,197.76 27,165.17 06/23/2033 AAA 5.180 5.246 359.61 5.08 3130AUB78 14672 Federal Home Loan Banks 4,000,000.00 4,000,000.00 4,000,000.00 3,904,680.00 12/28/2037 AAA 6.230 6.247 62,300.00 - 62,300.00 3130AUB86 14673 Federal Home Loan Banks 2,996,000.00 2,996,000.00 2,996,000.00 2,958,609.92 12/29/2042 AAA 6.540 6.558 48,984.60 - 48,984.60 Preferred Securities
00206R706 14592 AT&T Inc. 1,679,983.20 1,679,983.20 1,679,983.20 1,278,653.88 N/A N/A 4.596 4.728 19,577.21 - 19,577.21 00206R706 14594 AT&T Inc. 839,991.60 839,991.60 839,991.60 639,326.94 N/A N/A 4.640 4.728 9,848.80 - 9,848.80 Total 13,879,874.80$ 13,838,342.71$ 13,899,448.54$ 12,991,765.93$ 5.130 182,060.35$ (2,320.60)$ 178,903.39$ Total Investments (Book Value) 13,899,448.54$
Gain/Loss on Investments (907,682.61)
Total Investments (Market Value) 12,991,765.93
Temporarily Invested with Pooled Cash & Investments 116,479.00 Total Pooled Cash and Investments 13,108,244.93$
Fire Retiree Medical
Fund 736
Adjusted Interest Earnings
July 01 to September 30, 2023As of September 30, 2023
Investments Interest Earnings
Interest Earnings
July 01 to September 30, 2023

Exhibit 3-C
CUSIP Investment # Issuer Par Value
Beginning Book
Value
Ending Book
Value Market Value Maturity Date
Moody's
Rating
Current
Rate
Annualized
Yield Interest Earned
Amortization/
Accretion
Adjusted Interest
Earnings
Medium Term Notes
6174467X1 14319 Morgan Stanley DW DTC#0015 500,000.00 505,108.95 504,143.98 490,070.00 11/24/2025 BAA1 5.000 4.582 6,250.00 (482.49) 5,767.51 Federal Agency Coupon Securities
3133EFQT7 14363 Fed. Farm Credit Banks 2,300,000.00 2,304,264.34 2,303,459.75 2,188,358.00 11/25/2025 AAA 2.700 2.633 15,525.00 (402.29) 15,122.71 Federal Agency Continuously Callable
3133EPMQ5 14691 Pol Federal Farm Credit Bank 218,500.00 - 216,901.50 213,526.94 06/16/2033 AAA 5.360 2,862.83 40.25 2,903.08 3133EPNL5 14691 Pol Federal Farm Credit Bank 174,800.00 - 173,555.24 167,199.70 06/23/2033 AAA 5.180 2,213.35 31.28 2,244.63 3130AUB86 14674 Federal Home Loan Banks 2,224,000.00 2,224,000.00 2,224,000.00 2,196,244.48 12/29/2042 AAA 6.540 6.558 36,362.40 - 36,362.40 Preferred Securities
00206R706 14593 AT&T Inc. 1,679,983.20 1,679,983.20 1,679,983.20 1,278,653.88 N/A N/A 4.596 4.623 19,577.21 - 19,577.21 Total 7,097,283.20$ 6,713,356.49$ 7,102,043.67$ 6,534,053.00$ 5.237 82,790.79$ (813.25)$ 81,977.54$ Total Investments (Book Value) 7,102,043.67$
Gain/Loss on Investments (567,990.67)
Total Investments (Market Value) 6,534,053.00
Temporarily Invested with Pooled Cash & Investments (81,835.00) Total Pooled Cash and Investments 6,452,218.00$
Police Retiree Medical
Fund 731 and 706
Adjusted Interest Earnings
Investments Interest Earnings
As of September 30, 2023 July 01 to September 30, 2023
Interest Earnings
July 01 to September 30, 2023

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

INFORMATION CALENDAR
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Dr. Anju Goel, Public Health Officer, Health, Housing, and Community Services
Subject: State of Public Health in Berkeley Summary Report

INTRODUCTION
Receive a presentation from the Health Officer on the State of Public Health in Berkeley, as required by the Future of Public Health grant.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no fiscal impacts directly associated with this update.

CURRENT SITUATION AND ITS EFFECTS
Documenting and communicating the health status of community residents is an essential function of a Health Officer, and a fundamental step toward identifying and prioritizing steps to improve public health. Additionally, the state Future of Public Health grant that the City receives requires the Health Officer to make a presentation to the community on health status annually.

The Department of Health, Housing, and Community Services (HHCS) started work in June 2023 with a team of consultants on the City’s Community Health Assessment and Improvement Plan process, called the Berkeley Wellness Blueprint. Tonight, the Health Officer will present findings from the Blueprint’s initial stage which ended in December, known as a Landscape Scan.

BACKGROUND
The City of Berkeley last published a Health Status Summary Report in 2018. We know that the health status of the City is significantly different now as a result of the COVID- 19 pandemic and other factors. We are in the process of conducting a Community Health Assessment (CHA) to identify the most pressing current health issues in our jurisdiction. The CHA will be completed in August 2024, and will be followed by a Community Health Improvement Plan (CHIP). The CHIP will identify and implement strategies for addressing the top health concerns, and will be completed by May 2025.

To date, we have completed a Landscape Scan to develop a baseline understanding across four areas:

State of Public Health in Berkeley Summary Report INFORMATION CALENDAR February 27, 2024

 The health status of residents of Berkeley, including health conditions, social determinants of health, and demographic and geographic patterns  The capacity of organizations and agencies inside and outside government to work independently and collectively to address priority health and safety concerns
 Resources, both allocated and potential, available to address priority health and safety concerns
 Community leaders – both those with organizational standing and those with lived experience – who could inform this project as members of a steering committee

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability and climate impacts associated directly with the content of this summary report.

CONTACT PERSON
Dr. Anju Goel, Public Health Officer, HHCS, 510-981-5308 Attachment:
1: Executive Summary

LANDSCAPE SCAN EXECUTIVE SUMMARY
December 22, 2023

INTRODUCTION
In the summer of 2023, the City of
Berkeley Health, Housing and
Community Services (HHCS) Division
engaged JSI Research and Training
Institute (JSI) to conduct a Community
Health Assessment (CHA) and create a
Community Health Improvement Plan
(CHIP) over the course of two years. JSI
is a public health research and
consulting organization with an office in
Berkeley, CA. Our first step in this
process was to conduct a landscape
scan to develop a baseline
understanding across four key areas:

The health status of residents of
Berkeley including health condition,
social determinants of health, and
demographic and geographic
patterns.

The capacity of organizations and
agencies inside and outside
government to work independently
and collectively to address priority
health and safety concerns.

Resources, both allocated and
potential, available to address priority
health and safety concerns.

Community leaders - both those with
organizational standing and those
with lived experience - who could
inform this project as members of a
steering committee.

This brief shares findings across the first
three areas. Our findings from the fourth
area of focus have been used to inform
the recruitment and selection of a
Community Steering Committee (CSC),
who will guide the remaining phases of
the project. Members of the CSC will be
announced in January 2024.

METHODS
In order to understand the four key areas
listed above, we employed a mixed
methods approach. This included: 1) key
informant interviews (n=15) with
organizational and community leaders
both internal and external to the City of
Berkeley, identified in collaboration with
HHCS staff; 2) a review of key
documents (n=20) including relevant city,
county and hospital briefs, assessments
and memos, and; 3) the review and
synthesis of quantitative data housed in
MySidewalk. Interview transcripts and
notes, and key documents, were
analyzed by all team members using an
extraction matrix to identify key themes
and findings.

FINDINGS
A Bird’s-Eye View
Taken as a whole, Berkeley is doing quite
well in terms of wellness. The life
expectancy at birth (82.8) exceeds that
of Alameda County (80.9), California
(80.3), and the nation (78.8). Rates of
chronic disease and those who are
uninsured are low in comparison to the
county, state and country. Berkeley is
also well-resourced when it comes to the
healthcare workforce.

However, these data mask deep
inequities and disparities across
geographic areas and racial and ethnic
groups.

For example, life expectancy in Berkeley
varies dramatically by place. There is a
16-year difference in life expectancy
between the northernmost census tract
in Council District 6 (93 years), and the
southernmost census tract in Council
District 3 (77 years). The poverty rate for
Black children is four times that of white
children. Among seniors, American
Indian and Alaskan Natives (AIAN)
experience the highest poverty rate
(23%), more than four times the rate for
white seniors (5%).

In alignment with the quantitative data
presented, this landscape scan unveiled
several of these disparities through
conversation and dialogue with
community leaders.

In This Moment
At this time in Berkeley, social issues are
key drivers of disparities across
geographic and racial and ethnic groups.

These issues, such as educational
attainment, affordable housing,
economic opportunity and access to
services, are deeply intersectional and
historical. Many stem from the legacy of
policies such as redlining, the systematic
denial of mortgages, loans and other
financial services based on geographies
in which certain people, namely Black
folks, lived. Educational attainment,
wealth and many health outcomes in
Berkeley are correlated with these place-
based, discriminatory and systemically
racist policies and practices. Educational
attainment rates vary sharply by race.

PAGE 2

81.5% of the White population and 80%
of the Asian population have a Bachelor’s
degree or higher. By comparison, 48% of
the Hispanic population, 28.9% of the
Black population, and 20% of the AIAN
population hold a Bachelor’s degree or
higher. Additionally, Berkeley has been
cited as having one of the worst public
school test score achievement gaps in
the nation.

Homelessness and housing affordability
were cited as key issues by several
interviewees. One interviewee described
an increase in university students facing
homelessness. Notably, Berkeley has
seen a 60% decrease in Black residents
since 1970, largely due to an increase in
cost of housing. In spite of a 5%
decrease in rates of homelessness
between 2019 and 2022, likely due to
COVID-19 emergency funding and
progressive measures around tenancy
and eviction, Berkeley still accounts for
11% of the homeless population in
Alameda County, a rate that is
disproportionate to its population (it
accounts for just 7% of the total
population in Alameda County).

Economic inequality was also cited as an
issue facing Berkeley community
members. One CBO leader noted that
67% of individuals who use their
organization’s services live below the
poverty line and 48% of these fall under
the trans umbrella.

All in all, community leaders cite housing
and economic inequality as being
intersectional and complex issues,
requiring collaboration and the
prioritization of organizations who may
have not necessarily focused on them in
the past.

Access to and provision of necessary
mental health services has been noted
as another key issue. Mental health
challenges can exasperate other health
issues, particularly among older adults,
youth, and LBGTQ+ populations.

Relatedly, these populations are at higher
risk for mental illness. Interviewees
noted the lack of availability to culturally
concordant mental health services,
particularly for Asian Pacific Islanders,
the Black population and LGBTQ+
groups.

It would be remiss to not mention the
deep impact the COVID-19 pandemic has
had on the Berkeley community.

The
pandemic has exacerbated pre-existing
service gaps; exposed systemic and
relationship weaknesses across and
between CBOs, city agencies and the
county; and had a dramatic impact on
the city’s economic well-being.

There
was a sharp rise in unemployment and
recovery has been slow, with rates
remaining above pre-pandemic levels.

Community leaders cited an increase in
mental health challenges and housing
instability during the pandemic due to
isolation, unemployment and illness.

PAGE 3

From the Field
In addition to the social issues and
related consequences described above,
there is broad consensus across leaders
both inside and outside the government
that
the existing capacity of CBOs and
city agencies is insufficient in meeting
the needs of Berkeley’s community. City
leaders noted the challenges of being a
small local health jurisdiction (LHJ) and
receiving few resources particularly in
comparison with the county. Staff
shortages and siloing of departments
also create barriers to serving the
community. CBO leaders cited a lack of
funding, scarcity of staff, and limited
infrastructure.

Additionally, interviewees described
inefficient, overlapping and
uncoordinated systems across and
between the city and county. For
example, systems of care fail to share
data, and county priorities often
contradict those of the city. Differing
reporting requirements across systems
and funding mechanisms create burden
for CBO staff and dwindle capacity. That
said, when collaboration between the city
and CBOs occur and are well-executed,
these relationships are effective. It is
important to note that CBO staff may not
always have the capacity to build and
maintain relationships, and city staff
should prioritize facilitating these
connections.

As such,
collaboration and decision- and
power-sharing are absolutely crucial for
success in addressing the many
complex challenges in the city of
Berkeley.

Interviewees described unclear
paths for prioritization of issues and a
lack of shared strategy. It is unclear
whose voices are included and prioritized
in decision-making, and how decisions
get made within the city and across city
departments, particularly when it comes
to the distribution of resources. One
interviewee described that those with
political power and connections often
attempt to speak for individuals who
receive services which means voices of
those with lived experience are left out of
critical conversations. Another leader
expressed a desire for transparency
around decision-making. Additionally,
there is a lack of clarity around who is
responsible for holding a vision for
improvement in the city, and who is
accountable for executing on that vision.

Therefore, it is difficult to hold a shared
vision of equity. However, partnership
and collaboration between CBOs and city
agencies have shown deep promise.

Partnerships often occur organically
when there is a gap, or when a funding
requirement necessitates it. This allows
individuals and entities across the
service network to “be on the same
page,” problem solve together, share and
leverage resources, and move towards
decision-making.

PAGE 4

CONCLUSION
This landscape scan revealed a number
of paradoxes. Berkeley is a city with a
strong identity that many are proud to
call home and it is experiencing
significant stressors and transitions. It is
also a great place to live, work and learn,
but not for everyone. And finally, ideals of
inclusivity and collaboration are highly
sought after, but challenging to put into
practice. There are several learnings we
will take forward into the next phases of
this project including:

There is a need to balance the views
of community members who receive
services with those of CBOs and
nonprofits who provide them. This
will inform qualitative data collection
practices, from focus group
organization to key informant
interview guide design.

Utilizing several different forms of
qualitative data collection (focus
groups, interviews, listening
sessions, etc.) will be important in
ensuring that the CHA/CHIP process
is accessible to community
members.

In the upcoming phases, we seek to
engage community members in
deepening our understanding of the
health and wellness status of Berkley
residents and the complex issues faced
(CHA), and then turn to identifying
ambitious and practical strategies to
improve priority outcomes (CHIP).

PAGE 5

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

INFORMATION CALENDAR
February 27, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 2113-2115 Kittredge Street/#LMSAP2022-0011

INTRODUCTION
The attached Landmarks Preservation Commission Notice of Decision (NOD) is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance (BMC/LPO) Section 3.24.240.A, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”

CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has approved a Structural Alteration Permit (SAP) for the subject City Landmark property. This action is subject to a 15-day appeal period, which began on February 13, 2024.

BACKGROUND
BMC/LPO Section 3.24.300 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying a Structural Alteration Permit. For Council to review the decision on its merits, Council must appeal the Notice of Decision.

To do so, a Council member must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by February 27, 2024. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.

If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must then rule on the designation within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.

Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.

LPO NOD: 2113-2115 Kittredge Street/#LMSAP2022-0011 INFORMATION CALENDAR February 27, 2024

ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.

POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.

CONTACT PERSON
Fatema Crane, Principal Planner, Planning and Development, 510-981-7410 Attachments:
1: Notice of Decision – #LMSAP2022-0011 for 2113-2115 Kittredge Street

L ANDMARKS

P RESERVATIO N

C OMMISSIO N
Notice of Decision

DA
TE OF BOARD DECISION: Oct
ober 5, 2023
DATE NOTICE MAILED: February 9, 2024
APPEAL PERIOD EXPIRATION: February 27, 2024
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification): February 28, 20241

2113 Kittredge Street
California Theater
#LMSAP2022-0011 to demolish the California Theater building while retaining and rehabilitating the primary façade, and to incorporate the façade into the construction of a new 18-story, mixed-use building featuring an approximately 24,000-sq. ft. performance venue and 211 dwelling units in the Downtown.

The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following request:

• Structural Alteration Permit

APPLICANT: Christian Cerria of 2115 Kittredge Street, LLC and Rhoades Planning Group, 2140 Shattuck Ave., Suite 705, Berkeley, CA

ZONING DISTRICT: Downtown Commercial/Mixed Use

ENVIRONMENTAL REVIEW STATUS: Categorically exempt under the California Environmental Quality Act Guidelines, Section 15331.

1 Pursuant to BMC Chapter 3.24, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Use Permit becomes effective the day after the certification deadline has passed.

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMSAP2022-0011
2113-2115 Kittredge Street
NOD February 9, 2024

The application materials for this project is available online at:
https://aca.cityofberkeley.info/CitizenAccess/Welcome.aspx

FINDINGS FOR FINAL ACTION AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE

COMMISSION VO
TE: 5-1-1-1 (one vacancy)

YES: ENCHILL, LEUSCHNER, MONTGOMERY, SCHWARTZ, TWU

NO: FINACOM

ABSTAIN: LINVILL

ABSENT: CRANDALL (due to recusal)

TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):

To appeal a decision of the Landmarks Preservation Commission to the City Council you must:

1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1
st Floor, Berkeley. The City Clerk’s telephone
number is (510) 981-6900.
a. Pursuant to BMC Section 3.24.300.A, an appeal may be taken to the City Council by the application of the owners of the property or their authorized agents, or by the application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of Chapter 3.24.

2. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $500. This fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. Signatures collected per the filing requirement in BMC Section 3.24.300.A may be counted towards qualifying for the reduced fee, so long as the signers are qualified. The individual filing the appeal must clearly denote which signatures are to be counted towards qualifying for the reduced fee.
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $2500.